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\ 



THE REGISTER 



OF THE 



PRIVY COUNCIL OF SCOTLAND. 



To be purchased, either directly or through any Bookseller, fn>m 

OLIVER k BOYD. Twkkddalb Court, Edinburgh ; or 

WYMAN k SONS, Ltd., Pkttbr Lank, EC. ; or 

E. PONSONBY, 116 Grafton Strbbt, Dubun. 



THE REGISTER 



OF THE 



PRIVY COUNCIL OF SCOTLAND. 



EDITED AND APRIDGED BY 

P. HUME BROWN, M.A., LL.D., 

KRA8SR PR0PRS8OR OP ANCIENT (SCOTTISH) HISTORY AND PALEOGRAPHY 
IN TRB UNIYSR8ITY OP EDINBURGH. 



SECOND SERIES. 
VOL. VIII. 



A.D. 1544-1660. 



PUBLISHED BY THE AUTHORITY OP THE LORDS COMMISSIONERS OP 
HIS MAJESTY' TREASURY, UNDER THE DIRECTION OF 
THE DEPUTY CLERK REGISTER OP SCOTLAND. 



H. M. GENERAL REGISTER HOUSE, 

EDINBURGH. 

1908. 



frHE NEW YORK 

■ PUBLIC LIBRARY 

3G?tS5 

A«TOR, LENOX AMO 
TILOEN FOUNDATlOHti 



. -• • • • 

» • ♦ • • 



.J .." 

••: .•. ••• •••• 

•.2 •. •.:•..:: 



PRINTED FOR HIS MAJBSTT'S 8TATIONKRT 0FP1CK 
BT JAMKB HSDDBRWICK AND SONS LIMITED, GLASGOW. 



INTRODUCTION. 



v.. 



> 



< 
;> 



The present volume of the Privy Council Begister contains a 
number of miscellaneous documents which could not be con- 
veniently included in the preceding volume, and which it was 
found advisable to print in a volume apart. These Papers consist 
of three distinct sections : the first section (pp. 1-60) continues 
the Acta, Decreta, etc., of the Council from p. 462 of the preceding 
volume, and the second (pp. 63-240) continues the Miscellaneous 
Papers of the same volume. The third section (pp. 243-464) is 
made up of documents which appear by a fortunate accident. 
Their originals were not among the Eecords of the Council^ but,. .^ ... 
along with many other documents, were found inf^-baaextfenV •...*:*•. 
room of the General Begister House. These suppleq^entjoy ;.•*• 
Papers cover the period from 1644 to 1660, and thus];breklc *.[*!; 
chronological sequence, but no more convenient place cm^%]:sfe»\:'-. V 
found where to introduce them than the present volume, and it 
is imperative that every existing record of the Council should be 
preserved. From the nature of the contents of the present 
volume, diverse and incontinuous as they are, a co-ordinated 
survey of them is* impossible, and it is only necessary to indicate 
briefly their general character. 

The period covered ^ by the entries in the first two sections 
(1648-1660) is one of the most momentous in the national annals, 
and one memorable in the history of the Council. The year 
1643 saw the birth of the Solemn League and Covenant, followed 
(1645) by the rupture between the Scottish Covenanting party 
and the English Independents, led by Cromwell. Then came the 
Engagement (1647) which cleft in twain the ascendant party in 
VOL. vin. 



vi INTRODUCTION. 

Scotland, and resulted in the eventual ruin of both sections. The 
execution of Charles I (January 30, 1649) ; the futile attempt to 
place his son on the throne ; the battles of Dunbar and Worcester 
(1650, 1651); and the consequent domination of Scotland by the 
Commonwealth and the Protectorate (1651-1660) — ^such were 
the leading events of the period with which this volume is con- 
cerned. 

The Council of whose transactions the first two sections are the 
record was that which was appointed during Charles L's visit to 
Scotland in 1641, and which was chosen " with the advice and 
approbation " of Parliament — the hard condition to which Charles, 
under the pressure of circumstances, had reluctantly given his 
consent. It continued to meet and transact business through all 
the turmoil of the time till the subjection of the country by 
Monk which followed Cromwell's victory over Charles II. at 
Worcester (September 3, 1651). At the end of August, 1651, 
the Committee of Estates, appointed by the Parliament which met 
in November, 1650, to carry on the business of the country, was 
captured at Alyth by Monk, and thenceforward Parliament and 

... . .5rivY Council ceased to exist till the Restoration of Charles 11. 

.• : •...• V IVV npjitevorthy that through all the vicissitudes of parties 
**':: li€CCfife«ii:1643 and 1651 the Council continued to meet with as 

. ^/../*SleJt4y!.^gularity as during any previous period. It may be 

V /f/nui^lfiflg to have before us the names of the Privy Councillors, 
with the record of their attendances, as showing their respective 
•shares in transacting the business of the country. The number 
of sederunts during the period was a little over fifty. The names 
that follow embrace those of all the Councillors that at one time 
or other put in attendance — the numbers attached to each name 
indicating approximately the number of attendances. 

1. John, Earl of Loudoun, Lord High Chancellor (22). 

2. James, Marquis of Hamilton (4). 

3. Archibald, Maix^uis of Argyle (25). 

4. John, Earl of Mar (5). 

5. William, Earl of Morton (2). 

6. Alexander, Earl of Eglinton (15). 

7. John, Earl of CassilUs (33). 

8. John, Earl of Perth (6). 



INTRODUCTION. vii 

9. John, Earl of Lauderdale (25). 
10. John, Earl of Lindsay, afterwards Earl of Crawford and 

Lindsay (33). 
n. David, Earl of Southesk (4). 

12. William, Earl of Lanark (9). 

13. John, Lord Yester (19). 

14. Alexander, Lord Balcanus (8). 

15. Sir Thomas Hope of Oraighall, Lord Advocate (23). 

16. William, Earl Marischal (11). 

17. John, Earl of Kinghom (14). 

18. John, Lord Sinclair (12). 

19. Sir Alexander Gibson of Durie, Lord Clerk Register (26). 

20. Sir Patrick Hepburn of Wauchtoun (32). 

21. Sir John Dundas of that Ilk (13). 

22. John, Earl of Sutherland (10). 

23. William, Earl of Dalhousie (21). 

24. John, liord Balmerino (32). 

25. Robert, Lord Burleigh (26). 

26. Sir Robert Innes of that Ilk (14). 

27. Alexander, Earl of Glencairn (14). 

28. Archibald, Lord Angus (16). 

29. Charles, Earl of Dunfermline (13). 

30. Sir James Carmichael of that Ilk, Treasurer- Depute (24). 

31. Sir Robert Gordon of Drenie (2). 

32. Sir Alexander Clerk, Provost of Edinburgh (10). 

33. Sir Alexander Erskine of Dun (3). 

34. John, Earl of Wemyss (12). 

35. Alexander Leslie, Earl of Leven (5). 

36. Alexander, Lord Elphinston (12). 

37. Sir John Smith [of Grottell], Provost of Edinburgh (30). 

38. Sir William Douglas of Cavers, Sheriff of Teviotdale (5). 

39. Sir John Hamilton of Orbeston, Lord Justice Clerk (14). 

40. Sir Robert Graham of Morphie (2). 

41. James, Earl of Callander (3). 

42. William, Earl of Lothian (5). 

43. James, Earl of Findlater (10). 

44. Robert, Earl of Roxburgh (1). 

45. James, Eai-1 of Murray (1). 

46. Archibald Tod, Provost of Edinburgh (2). 

When we turn to the contents of the volume, we are struck 
by the subsidiary part which the Council played tliroughout the 
period. From its pages we hardly receive a suggestion of the 
momentous events that were convulsing the two kingdoms. 
In March, 1648, met the Parliament in which the Marquis of 
Hamilton, with the command of a large majority, obtained the 
sanction of the Engagement and powers to levy an army to 
invade England in the interests of Charles. Neither of this 
meeting of the Estates nor of Hamilton's disastrous expedition is 
there any suggestion in the Eegister. The explanation of the 
nullity of the Council is apparent. It was a body divided 



viii INTRODUCTION. 

against itself; on the one hand, we have the Chancellor Loudoun 
and the Marquis of Argyle zealously representing the Covenants; 
on the other, the Duke of Hamilton and his brother, the Earl of 
Lanarkj representing, though for a time with somewhat hesitat- 
ing loyalty, the interests of Charles. But, even if the Council 
had been a wholly unanimous body, it was, in point of fact, 
overridden by the General Assembly and its permanent Commis- 
sion till the sword of Cromwell in 1651 gave the deathblow to 
the existing national institutions. It is not surprising, therefore, 
that in these circumstances the Council was not the body which, 
in the reign of James I. and during the early years of the reign 
of his son, with the power of the Crown behind it, had been the 
ruling force in the country. It is in other sources than the 
Register that we must look for a fuller record of the transactions 
and events which resulted in the destruction of all the parties 
that had divided the nation from the revolt against Charles in 
1638. Such entries, however, as seem to call for special atten- 
tion may now be noted. 

Affaibs of Church and State. 

Oontiibutions In the beginning of the year 1642 the Council, on an under- 
of^he^Soote^ Standing with the English Parliament, had sent an armed force 
army in to Ireland to assist in suppressing the rebellion in that country. 

As originally arranged, the English Parliament had undertaken 
to pay the expenses both of the English and Scottish troops, but 
on the outbreak of the Civil War it was unable to fulfil its pledge. 
In these circumstances the Council had to find the means in 
Scotland itself for the maintenance of the Scottish army in food 
and clothing and pay. At first there seems to have been suffi- 
cient money in the Exchequer to meet the demand, but in 
February, 1643, the Council found it necessary to make an 
appeal for voluntary contributions, on pledge of security, to "all 
counsellors, judges, noblemen, and others weill affected." There 
was a prompt response to the appeal; twenty of the Privy 
Councillors made offers of various sums — Argyle heading the 
list with £1000 sterling. 



INTRODUCTION. ix 

From the first entry in this volume (July 8, 1643) we learn 
that contributions are still flowing in. On the 6th of July the 
Bev. Alexander Henderson paid in 1000 merks, and other 
ministers, probably drawing on the liberality of their congrega- 
tions, came forward with sums of varying amounts. On pp. 
83-90 we have a list of the total contributions given in during 
the year 1643. First comes the list of sums contributed by the 
Councillors, which may be regarded as a measure of their relative 
zeal and substance. Argyle heads the list with his £12,000 
Scots (£1000 sterling) — a sum double that of any other contri- 
butor. Eleven other Councillors give £6000 Scots each — £600 
being the smallest quota. Then comes the list of contributions 
by the '* nighbouris of Edinburgh," in number ninety-one, and 
presenting sums varying from £1200 to £66 13s. 4d. — the last 
sum being the mite of NicoU Ewing, fishmonger. Other lists of 
contributors are those of the " gentrie and utheris " of the shires 
of Fife, Lothian, and Linlithgow, in which the largest sum that 
appears is £3333 6s. 8d. (contributed by John, Lord Melville), 
and the least, £266 13s. 4d., from an anonymous donor in the 
shire of Lothian. Whether the Council was satisfied or not with 
the response to its appeal does not appear from any entry in the . 
Register. 

In 1642 the Council had made a serious effort to renew the The Franco- 
ancient compact with France, which had practically ceased to^^^^ 
exist, though it had never been formally annulled. The reason 
alleged by the Council for its action was that, owing to the 
infringement of the former trading privileges of the Scots in 
France, "sufferings and losses" were sustained by Scottish 
traders with that country. With the sanction of Charles, the 
Earl of Lothian had been dispatched to France with instructions 
from the Council regarding the conditions on which the old 
alliance might be renewed. The instructions are dated Decem- 
ber, 1642, and under date November 9, 1643, we have in the 
present volume the reply of the French Government to the 
overtures of the Council. From this reply it is evident that 
Charles on his own account had been in conununication with 
France regarding the Council's proceeding. The reply, in fact. 



INTRODUCTION. 



The Scottish 
Commis- 
sioners in 
London and 
the Irish 
Rebellion. 



was such as to preclude further negotiations. The Scots, 
without an express commission from Charles, were neither 
" directly nor indirectly " to take up arms in support of either 
side in the quarrel between him and his English Parliament. 
To this condition the French Government demanded "a punctuall 
and speedie answer," but, as by the date when the reply of 
France was laid before the Council, the Solemn League and 
Covenant with the English Parliament had been concluded, to 
have accepted the condition would have been to stultify the 
policy of Church, Parliament, and Council. A further condition 
stipulated by France, it was equally impossible for the Council 
to accept. In its instructions to the Earl of Lothian the Council 
had consented to Scottish soldiers enlisting in the French service 
irrespective of their religious beliefs. The General Assembly, 
however, had passed an act disapproving of this concession by 
the Council, and the demand of the French Government was 
that the Council should "give a sentence of retractation" 
against the Assembly's act. Even if the Council had been 
disposed to take such a step, it would have been powerless to 
give it eflfect, and its reply to the demand was that " since the 
Nationall Assemblie of Scotland is independent, therefore what 
hath beene concluded by them cannot be recalled be the Counsell" 
(pp. 12-13). Thus the negotiations for the renewal of the old 
alliance were brought to a summary close. Nevertheless 
Scottish traders still continued to enjoy certain privileges in 
France which were denied to those of other nations, and till the 
union of the Scottish and English Parliaments in 1707 there was 
a disposition on the part of France and Scotland alike to regard 
each other as natural allies who might one day find it expedient 
to make common cause against a common enemy. 

In November, 1641, the Council, at the request of Charles, 
had sent the Earls of Lothian and Lindsay as Commissioners to 
London to consult both with Charles and the English Parliament 
regarding the most pressing afiairs of all three kingdoms. In 
the preceding volume of the Eegister we had before us the 
various grounds on which Charles had taken exception to the 
action of the Scottish Commissioners relative to his own policy 



INTRODUCTION. xi 

and that of his English Parliament. In the present volume we 
have an undated entry pp. (92-3) directly bearmg on what had 
been originally the main object of the Commissioners' errand. 
That object had been to bring about a common understanding 
between Charles and his Parliament with reference to the 
suppression of the Irish rebellion. The misunderstanding 
between King and Parliament, however, had gone from bad to 
worse, with the result that no combined effort could be made for 
the quieting of Ireland. It was from genuine concern that the 
Council had charged its Commissioners to press the condition of 
Ireland on Charles and the Parliament. In the north of Ireland 
there was a numerous Scottish colony which was now exposed 
to all the fury of the Irish rebels maddened by racial and 
religious hate. 

It is in answer to a communication from its Commissioners in 
London that the Council in its undated letter insists on joint 
action if the Irish Protestants are to be saved from extermination. 
" The distractions in Ingland and the delay of tymous assistance 
(it wrote) hes lost the lyves of manie thousands of the British, 
whose blood is daylie shed lyk water and thair bodies given to 
be meat to the foules of the air and thair flesh to the beasts of 
the feild, and the benefit of buryal denyed to the dead, suche is 
the barbarous cruelty of these enemies, bloodie rebels " (p. 92). 
The rebels, the letter proceeds, have overrun the country, and 
the forts and towns (Londonderry among them), which should 
have been secured as places of safety for the Protestants, will 
speedily be in the enemies' hands if steps are not immediately 
taken to avert the calamity. Finally, if his Majesty will not 
turn his attention to the immediate needs of Ireland, the rebels 
must inevitably become masters of the whole country, when 
neither troops nor victual could be landed with safety. There 
were many weighty reasons that decided the ascendant party in 
Scotland to take sides with the English Parliament agaihst the 
King, and not the least weighty was the suspicion, shared by his 
insurgent subjects in England, that Charles found it his own 
interest that the Irish rebellion should hamper the hands of his 
enemies at home. 



.^ L 



xii INTRODUCTION. 

Convention of When Charles left Scotland in November, 1641, the adminis- 

Estates — 

June 1643. tration of public business fell to the Privy Council and the 

Commissioners for the Peace and the Commissioners for the 
Common Burdens — the last two bodies having been appointed 
with the joint consent of the King and the Estates. In the 
course of the years 1642 and 1643, however, events of such 
moment had occurred in England that these three bodies felt the 
necessity of a higher authority to decide what action should be 
taken in the circumstances. The most momentous question to 
be determined was what part Scotland was to play in the conflict 
that had arisen between Charles and his English Parliament, 
However the contest might end, the ascendant party in Scotland 
fully realised that its interests would be vitally involved. In the 
circumstances only one body, the Estates of the Eealm, was 
competent to deal with the emergency. But constitutionally the . 
right of summoning the Estates belonged to the King, and there 
was little prospect that at this moment Charles would give his 
consent to their being summoned. He had too good reason to 
forebode that a meeting of Estates, as they would be constituted, 
would in the most favourable event give but a dubious support 
to his own cause. 

In the Introduction to the preceding volume (pp. xliii-xliv) 
it was related how the dilemma had been met. At a joint 
meeting of the Council, the Commissioners for the Peace, and the 
Commissioners for the Common Burdens it had been determined 
that a Convention of the Estates should be summoned without 
the warrant of the King. In the present volume (pp. 93-4) we 
have an undated entry which carries us a stage further back in 
the proceedings that resulted in the summoning of the Conven- 
tion. Before meeting with the other two administrative bodies, 
the Council had to decide whether it were "fitting" that the joint 
meeting should take place. The question was apparently con- 
sidered one of importance, since a vote was taken as to whether 
strangers should be allowed to be present when it was put to the 
meeting. Of eighteen Councillors who took part in the pro- 
ceedings, thirteen voted in favour of opening the doors, one 
voted against, and one did not record his vote. Before the joint 



INTRODUCTION. xiu 

meeting of the three bodies the Council had determined the line 
it would take. There were two questions that would come up 
for settlement — ^was it " necessary " that the Estates should be 
summoned, and, if so, should they be sununoned at once without 
conununication with the King ? On both questions the vote was 
taken in the Council ; out of twenty Councillors present eighteen 
voted that the summoning of the Estates was necessary — two not 
voting ; and out of sixteen present twelve voted that the Estates 
should be summoned at once, and three that the King should be 
first informed — one not recording his vote. The entire pro- 
ceedings afford one of many other instances in Scottish history of 
the national habit of attaching a factitious importance to the 
forms of law. 

An entry under date September 23, 1644, notes the measures "Irish Rebels" 
taken to check the career of Montrose which had begun with^"^®^*^^**^* 
his victory at Tippermuir on the 1st of that month. It was 
apparently the presence of " Irish rebels " as allies of Montrose 
that had chiefly raised the Council's alarm. The Earl of Tulli- 
bardine was ordered to seize all the boats on the river Tay to the 
north of Perth and to bring them to that town. He was to 
station horsemen at all the fords of the same river, and to put 
the shire of Perth in a posture of defence, as the Irish rebels were 
expected " to return that way." For the safety of Stirling, the 
town, castle, and bridge were to be made secure ; all the boats 
on the Forth were to be brought to Stirling Bridge, and breast- 
works and redoubts were to be constructed at the main fords of 
the river. The magistrates of Glasgow were instructed to put 
their town in a state of defence, and 100 pistols were to be sent 
for the use of the troops that had been raised in the shires of 
Renfrew and Ayr. Beyond these items there is nothing in the 
present volume to indicate the dismay and confusion which 
Montrose's campaign created in the party that directed the 
government of the country. 

Other entries with a political bearing may be briefly noted, 
as they contain no new information on the points to which they 
refer. At p. 210 we have a letter to the Commissioners, who in 
1650 were charged with the negotiations which resulted in the 



xiv INTRODUCTION, 

acceptance of Charles II. as King of Scots, and at p. 238 the 
obligation exacted of members of Parliament and of holders of 
office not to seek the repeal of the existing laws regarding religion. 
Finally, two other entries (pp. 6, 11) indicate the measures that 
were taken for the compulsory subscription of the Solemn League 
and Covenant. 

The miscellaneous entries in the first two sections of the volume 
do not call for special mention, as they present no new points of 
interest. By far the most numerous of them are those which 
refer to cases of witchcraft, for with the exception of the years, 
immediately following the Restoration, the period between 1643 
and 1650 was distinguished by the greatest panic at the wide- 
spread commerce with the powers of darkness. With regard to 
the third section, containing miscellaneous papers from 1544 to 
1660, its contents have been covered in the Introductions to 
previous volumes of the Register, edited by Dr. Hill Burton and 
Professor Masson. 

I have again to thank the Rev. Henry Paton, M.A., for his 
valuable assistance in the preparation of this volume. 

P. HUME BROWN. 



REGISTER 



OF THE 



PRIVY COUNCIL OF SCOTLAND. 



ACTA, DECEETA, &c. 



REGISTER 



OF 



THE PRIVY COUNCIL OF SCOTLAND. 



\ 



ACTA, DECRETA, &c. 



Acta, Novem- Sederunt : — Chancellor ; Hamilton ; Argile ; Mar ; Morton ; Bdinbui^h 

orJSJi646. Eglinton; Cassills; Perth; Lauderdaill; Lindsey; Southesk ; ^tb July 1^48. 

Foi. 98, a. Lanrick ; Yester ; Balcarres ; Advocate. 

" Foi-samekle as M' Alexander Henderson, minister at Edinburgh, hes Acknowiedg- 
payed and delivered in reall moneys to Johne Jossie, deput to William ^^^^^^^ ^^* 
Thomsone, commissar of the Scots armie in Ireland, the soume of ane supplies to the 

\ thousand merkes, as hes cleerlie appeared by the discharge upon thei^Jnd. 

I recept thereof of the date the sixt of July instant and this day produced 

in Counsell, therefore the Lords of Privie Counsell, according to ane act 

made be them with consent of the Commisssioners for conserving the 

peace and Commissioners for commoun burdens upon the 4 of March 

last, doe declare that the said soume of ane thousand merkes is lent 

be the said M*^ Alexander for the present supplee of victualls and cloths 

to the Scottish armie in Ireland, and that the same sail be payed to him, 

his airs, executors and assigneyes conforme to the said act abonewritten," 

" The like upon M' John Inglis of Neather Cramonds discharge of 

j"^ merks, dated the first of July. The like upon the Lord Melvills 

discharge of v"" merkes, dated the 20 of May last. The like upon M' 

Archibald Newtoun, minister at Libberton, his discharge of 500 merkes 

Swienints, dated the 25 of Aprile last" 

Febniar7i6S&- " A letter from his Majestic concerning some imputations made aganis Edinburgh, 

NoTember .% r\ -^r • !.• »» 8th July 1648. 

1648. the Queenes Majestic. ' l 

Foi.io8,b. If*t;'/!:2? 

hifl Majesty. 

Decrota, SedcrufU: — Chancellor ; Mairshell ; Mar : Eglinton ; Kingome ; Edinburgh, 

mi'^ber Sinclar; Clerk Register; Wauchtoun; Dundas. JJg/"*^ 



1646. 
P. 274. 



The Lords, having heard Sir liobert Innes of that Ilk, John Leith of AnentBartiU 
Harthill, Sir George Johneston of Caskiben, and Mr William Gordon, Jji^^^*'' 
advocat, in name of Arthur Forbes of , anent the right pretended 

by them to the riding of Bartill fair and uplifting the customs thereof, 
VOL. vra. A 



2 REGISTER OF THE COUNCIL. 1643. 

ordain the sheriff of Aberdene and his deputes to ride the said fair and Decreu, 
uplift the customs this year and make them forthcoming to the party i^i^^Sber 
having best right, and discharge all others from interfering therewith y^ 
as they will answer at their peril. This is not to prejudice the legal 
rights of parties. 

Edinburgh, Sederunt: — Chancellor ; Mairshell ; Mar ; i^linton ; Kingome ; Sedenuts, 

im.^"^^ Sinclar; Clerk Register; Wauchtoun; Dundaa. Noyl^r^ 

1643. 

[No record of business.] 

EdinbMgh, Sederunt: — Chancellor; Sutherland; Kingome; Lindsey ; Dal- 

1648. ^ housie; Balmerino; Burlie; Wauchtoun, Dundas. 

[No record of business.] 

Edinbuigh, Sederunt: — ^Chancellor ; Argile ; Eglinton ; Kingome ; Lauderdaill ; Docroto, 

fgg/^^y Lindsey; Dalhousie; Sinclar; Burlie; Balcarres; Clerk Regis- f^^^^gj^^^ 

ter ; Advocate ; Innes ; Dundas. 1648. 

' ' P. 274. 

Complaint by Complaint by John Schiphird, kitchen boy to the Earl of 
h«rf, kite^en. Kinnoul, as follows : — On 2nd May last John Quhite, tailor in Erroll, 
aJuf*^* Thomas Broun, John Sym, Thomas Ritchie and Andrew 
Kinnonii, Anthony there, apprehended the complainer and carried him to the 
\^ite, tiSior tolbooth of Perth, where they still keep him in great misery, " being ane 
othwBfor*'*** parentlesse orphan unable to interteane himself," and they will not 
illegal warding challenge him for any crime but purpose to keep him in prison till he P. 276. 

in the tolbooth ^, i-i .f^» i^i 

of Perth. starve. Charge having been given to these persons and to the provost 

and bailies of Perth ; and the pursuer compearing by Robert Hepburn, 

his procurator, but none of the defenders, the Lords ordain the provost 

and bailies of Perth to liberate the pursuer in so far as he is warded by 

the persons above named. 

SnppUcation Supplication by Youngham Grounds, as follows: — He delivered to George p. 276. 

G^ndSwient ^^^''^» lieutenant-colouel to his Excellency's regiment, oats to the 

the payment of value of £72 Sterling, as the said lieutenant-coloners acknowledgment 

▼Aine of £72 bears, and he craves payment. The Lords give warrant to John Jossie, 

J^j^°,^'gJJ^*^ depute to William Thomson, commissary of the Scottish army, to pay the 

George Monro, game, and declare that the said certificate and the Lord General's consent 

lientenAnt- 

colonel. that the same be allowed in the accounts of his regiment shall be his 

warrant. 

Anentthe The Lords, having heard and considered the report of Alexander, 

SSb'SeelSf** Lord Elphinston, and Mr John Rollock, sherifiF depute of Scirline, the 

CttUupow. commissioners appointed for surveying the fmit trees and orchard of 

Cuikspow, bearing that on 4th July instant, which was the day 

appointed, Mr John Rollock went to Cuikspow and desired John Ewin 

of Cuikspow to go with him or send some one to make the said survey. 



1643. CHABLIS I. 3 

D«er«ta, when Ewin refused to do so because because Lord Elphinslon was not 
1641 -October present; and having also heard Sir Thomas Hope of Craighall, his 
R*lr6 Majesty's Advocate, who compeared for Sir Charles Areskine, his son-in- 

law, and Michael Elphinston, who compeared for the said John Ewin, 
his son-in-law, who both agreed to a new commission, appoint hereby Mr 
John Rollock, and Mr James Cunningham, brother to the Laird of 
Drumquhassill, or either of them in case of the other's absence, to make 
the said survey on 15 th August next and report to their Lordships on 
the first Council day of November, until which day they continue the 
discussion of the suspension raised by the said John Ewin against Sir 
Charles Areskine anent the cutting of the fruit trees and finding of 
caution. 

P- 277. Sederunt ut die prasdido, Bdinbm^h, 

^ 27th July 

1643. 

Complaint by Duncan Garro, servitor to Mr James Forbes of Hauchton, 
and the said Mr James for his interest, as follows : — On when the Complaint by 

' -- . Duncan Garro, 

said Duncan was on the way from Aberdene to Hauchton with his aorntor to Mr. 
master's tuirriage horse laden with some commodities and provisions. Sir of HMichton, 
Greorge Currour, younger of Fingask, William Garro, younger of Little ^^^^"' 
Endowie, and John Garro, alias Bang the Wind, " sett upon the poore Cnrrour, 
man in the hie way, gave him manie bauch and blae straikes in diverse Fingas?, and 
parts of his bodie to the great effusion of his blood, tooke aff theJ^^J***" 

p. 27S. graith aff the hors with the commoditeis and medled therewith and 

spoyled that which they could not make use of, drank out a quart barrell 
of aquavytie and then barbarouslie filled the same with urine ; and when 
the poore man came home, throw the violence of the strokes he continuallie 
spate blood as he does yitt to the hazard of his life." Charge having 
been given to the said William Garro, and Mr James Forbes compearing 
for himself and his servant and the said William Garrioh being also 
present, who, upon probation being referred to his own oath of verity, 
denied the complaint, the Lords assoilzied him. 

Complaint by Agnes Benny, widow of William Spence, burgess of Complaint b^ 
Monrose, and Janet Spence, her daughter, as follows : — On July, 1639, ^ow 5*°""' 
James Smith and John and David M^Kenes, burgesses of Monrose, "came ^"^"" 
be way of hamesucken to the saids compleanners duellin hous under cloud burgess of 

P. 279. of night and, without respect to their sexe and weake condition, with a ji^°t Spence, 

great rung they cruellie battonned the said Agnes and umquhill Margaret J^^j^JJ^^^ 
Chalmers, her mother, upon the head, armes, shoulders and other parts of Smith, burgess 
their bodeis to the effusion of their blood, so as the said Margaret con- and otherv for 
tinned ever thereafter under great pane and weakenes till she died, and ***"*'*®^®"' 
the said Agnes is not yitt weill recovered, and brake the said Jonnet 
Spence her head." Agnes Benny compearing for herself and her 
daughter, but of the defenders only James Smith, the Lords after hearing 
parties remit the trial of this complaint to David, Earl of Southesk, Sir 
Alexander Areskine. of Dun, Sir Bobert Graham of Morphie, and the 



REGISTER OF THE COUNCIL. 



1643. 



provoBt and bailies of Monrose, or to the said provost and bailies with Deereta, 
any one of the said three councillors, and to report to their Lordships mi^Sctober 
with their best convenience. Further, they ordain James Smith to find ^^^ 
caution for the safety of the said Agnes Renny in 500 merks within 
twenty-four hours, as he will answer at his peril. 



Edinbuif^h, 
Itt August 
1643. 



Sederunt : — Chancellor ; Argile ; Cassills ; Glencame ; Lauderdaill ; P. 280. 
Lindsey ; Angus ; Burley ; Balcarres : Dundas ; Innes. 



The great 
seal to be 
appended to 
his Majesty's 
signature 
appointing Sir 
Tbomaa Hope 
commissioner 
to the ensuing 
General 
Assembly. 

Anent the 
same. 



The Lords ordain and command the Director of Chancery to write and 
expede to the great seal the signature signed by his Majesty on the 22nd 
July last appointing Sir Thomas Hope of Craighall to be his Majesty's 
Commissioner to this ensuing General Assembly, which is to be held 
here, and that the Lord Chancellor append the great seal thereto not- 
withstanding the want of an express clause therein for doing so ; and 
that without passing any other registers or seals. 

" A warrant to the Director of the Chancellarie for writing the signa- §??®"*°*^go5. 
ture to the great scale quherby his Majesties Advocat is made Commis- NoTember 
sioner at the Assemblie." fS?io9, a. 



Edinburgh, 
2nd August 
1643. 



Sederunt: — Chancellor; Argile; Mairshell ; Sutherland; Kingome;Acta,Novein. 
Dunfermline ; Lauderdaill ; Lindsey ; Yester ; Angus ; Sinclar ; cStober'i646. 
Balmerino ; Burlie ; Balcarres ; Clerk Eegister ; Treasurer Foi. 98, b. 
Depute ; Wauchtune ; Innes ; Sir Robert Gordon ; Provost of 
Edinburgh. 



Tiie Lord " The whilk day the Lord Chanceller, having represented to the Counsell 
to be^ the "^ that his Majestic had nominat and appointed Sir Thomas Hop of Craig- 
Kfore'tte ^^^^ ^ ^ ^^® Majcsteis Commissioner at this Generall Assemblie and 
Commiisioner desired to know whether his Lordship sould carie the great scale before 
General ' him as if his Majestic wer present himselfe ; and the Counsell consider- 
ing that the great scale has not at anie time bygone beene carried before 
anie Commissioner at Generall Assembleis, and being loath to make anie 
innovation of what has beene the custome heerin doe therefore think it 
not fitt that the Lord Chanceller carie the seale before the Commissioner 
at this time." 



Assembly. 



8rd August 
1648. 



Edinburgh, 
10th August 
1643. 



Sederunt: — Chancellor; Argile; Eglintoun; Cassills; Glencame ; Sedenmts, 
Kingorne ; Lauderdaill ; Lindsey ; Angus; Yester ; Sinclar; SovemSr '^^^ 
Clerk Eegister ; Wauchtoun ; Din. p^'ioq 

[No record of business.] 

Acta, Novem- 

Sederunt: — Chancellor; Argile; Sutherland; Eglinton ; Cassills; October 1646 

FoL 98, b. 



1643. CHARLES I. 5 

Acu, NoYem. Dumfenxiline; Lauderdaill; Lindsey; Wems; Balmerino; Burlie; 

OctoW 1646. Balcarres ; Wauchtun ; Dundas ; Din ; Sir Eobert Gordon.^ 

FoL 98, bu 

'' Forsamekle as the Marquis of Argile bcs by publict warrant and Promise to pa/ 
otherwayes advanced great soumes of money for furnishing victuell,Jj^^i*Se" 
herring and other necessars for the use of the Scotish armie in Ireland, JJJ^°^^®^'^7 
extending to the soume of fourescore one thousand three Jiundreth which he hsm 
seven tie seven punds, ten shillings, fyve pennies Scots, as be the guppiy'^of Uie 
particular compt thereof revised and allowed be the commissar of the^y^*^ 
armie under his hand doth appeare ; and the Lords of Privie Counsell 
finding that the said soume has beene undertane and advanced be the 
said Marquis for the necessarie good of the armie, and that it is just his 
Lordship have releefif and repayment thereof, they doe therefore declare 
Fol. 99, a. and ordaine that the said soume with the annual rent thereof from the 
terme of Lambmes last aucht to be as tymouslie and thankfuUie payed 
to him, and is als just a debt upon the armie as anie other soimies 
advanced for furnishing the armie by contract with the Counsell, and 
that they will have a care to see the same payed with the first publict 
course that sail be tane for releeff of the said armie or payment of anie 
soumes that have beene advanced for furnishing thereof. It is alwayes 
heirby declared that notwithstanding the tuelffe thousand punds Scots 
lent be the said Marquis upon the act of the Counsell, Commissioners 
for Peace and Commoun Burdens is compted a part of the said soume, 
yitt the same (with the Lord Marquis his owne voluntar consent) is 
onelie to be paid when payment sail be made to others who advanced 
upon that suretie ; and the haill soume abonewritten being payed, all 
former acts, contracts or bands for the same sail be voide and of none 
effect. 

" Forsamekle as James, Vicount of Dudhop, having in Januarie last The magis- 
obteanned ane decreit before the Counsell against the provest and bailleis Dundee^for- 
of Dundie ordainine them to repossesse him to his wounted^^^dcntohoid 

' * a wappin- 

priviledges of ryding of the f aire of Dundie upon the 1 5 of August schawm on the 
yeerlie, doing of justice, receaving the keyes of the tolbuith and others as that w^e* 
more fully conteanned in the said decreit; and the Counsell being thi^yfsoouM 
informed that the provest and bailleis of Dundie hes or intends to keepe of Dudhope is 
a publict mustour or weapounshowing within their burgh upon the Fair. 
15 day of this moneth, quhilk is the dyet of ryding the said faire, and 
that thereby occasioun of trouble may fall out betuix the saids parteis, 
to the breake of the peace of the countrie, and considering that the dyet 
of ryding that faire cannot be altered and that the toun of Dundie may 
Foi. 99, b. without prejudice keepe their mustours upon anie other convenient day, 
therefore and for preveening all occasioun of the breache of the peace 
the Lords of Secreit Counsell hes discharged and doe heirby discharge 
the provest, bailleis, counsell and communitie of Dundie of keeping anie 
mustours or weaponshawing within their toun upon the said 15 of 

^ In the SederontB, Sir Robert Gordon is omitted. 



REGISTER OF THE COUNCIL. 



1643. 



August nor during the time of the first or latter Marie faire as they will Acta, NoTem- 
answer upon their obedience, without prejudice alwajes to them tOo^^wi646. 
appoint their mustours to be keeped anie other convenient day, not being ^®^ ^» ^ 
the time of the faire foresaid.^' 



£dinbnigb, 
27th Septem- 
ber 1643. 



Laaderdale. 



Sederunt: — Lauderdaill, prceses ; Generally Dumfermline; King- Sedenmta, 
ome ; Lindsey ; Wemes ; Elphinston ; Balmerino ; Burlie ; NoT«nb«r 
Advocate ; Treasurer Depute ; Wauchtoun. p^ 109 a. 

' Lauderdaill chosen president of the Counsell." 



Ediabuigh, 
17th October 
IMS. 



SappHcation 
by Donald 
Roxbarghj 
indweller in 
Coleraine in 
Ireland, who 
has been 
s^Ued of a]l 
hi8 property 
by the ^bels 
there. 



Sederunt : — Chancellor ; General ; Argile ; Cassills ; Dumfermline ; Decreta, 
Lauderdaill; Lindsey; Dalhousie; Sinclair; Clerk Register ; K^i^october 
Treasurer Depute ; Wauchtun. ^%\ 

Supplication by Donald Roxburgh, indweller in Culrayne in Ireland, 
as follows : — *' He being ane gentleman of ane hundreth punds sterline 
of yeerlie rent and having ane good hous with movables and plenishing 
of good worth quherupon he interteanned his familie in ane honest con- 
ditioun and was stedable to his Majesteis subjects, yitt now by the 
barbarous crueltie of the rebells in Ireland he is stript naked of all and 
turned begger and forced for releeff to come to this his native countrie, 
as by ane testificat from the magistrats and others in Culrayne will 
appeare." He craves their Lordships to commiserate his distressed 
condition and grant him their recommendation. The Lords recommend 
the supplicant to the charitable consideration of all noblemen, barons, 
gentlemen and burghs, synods, presbyteries, sessions of kirks and others, 
within the bounds of the north side of the Water of Forth. 



Edinburgh, 
18th October 
1643. 



Sir John 
Smith, proTOst 
of Edinburgh, 
admitted into 
the Council. 

Act ordaining 
that the 
Solemn League 
and Covenant 
be signed by 
the Council 
and all the 
lieges. 



Sederunt : — Chancellor ; General ; Argile ; Cassills ; Dumfermline ; Acta, Novem- 
Lauderdaill ; Lindsey ; Weems ; Dalhousie ; Sinclar ; Balmerino ; October 1646. 
Burlie ; Clerk Register ; Provost of Edinhui^h, *'°*- ^' ^• 

" The whilk day Sir Johne Smith, provest of Edinburgh, wes admitted on 
Counsell and gave the oath of alledgance and of a Privie Counseller." 

*• The quhilk day some of the ministrie of the presbyterie of Edinburgh, 
coropeirand personallie before the Lords of Privie Counsell, did in name 
and be warrant of the said presbyterie give in the Solemne League and 
Covenant, together with the Acts of the Convention of Estats and of the 
Oenerall Assemblie, and of the Commissioners of the said Convention 
and General Assemblie made for swearing and subscribing of the same, 
and desired the said Lords of Privie Counsell to concurre by their exemple 
and auctoritie with the Commissioners of the General Assemblie in the 
swearing and subscribing thereof ; and the Counsell having read and con- 
siddered thesaid acts and covenant and finding the same to tend to the good 
of religioun, his Majesties honnour and peace of thir kingdoms, they doe 



X643. CHAELES I. 7 

Acta, NoYem. heartilie concurre with the judgement of the Conventioun and Commis- 
Oci^ber I64d. sioners of the Generall Assemblie thereanent, and accordinglie ordains 
Foi. JOG, a. i^jjg aan^e to be swome and subscribed be all his Majesteis subjects of this 
kingdom and appoints the secund day of November nixt for the Gounsell 
to sweare and signe the said League, and that letters be writtin to 
the whole counsellers to keep the said dyet preciselie as thej desire not 
to be esteemed enemeis to religioun, his Majesteis honnour and peace of 
thir kingdoms. 

Sederunt: — Chancellor; General; Argile; Cassills ; Dumfermline ; Bdinbnrgh, 
Lauderdaill ; Wems ; Sinclar ; Balmerino ; Burlie ; Balcarres ; i648. ^ 
Sir John Smith. 

" Forsamekle as George Gardin, burges of Bruntyland, hes payed and Acknowl«dg. 
delivered in reall moneyes to Johne Jossie, depute to William Thomsone,Sn?for the" 
commissar of the Scots armie in Ireland, the soume of six hundrethf^Pf?„°'^® 

' Army m 

punds as hes cleerlie appeared to the Lords of Privie Gounsell by Ireland, 
the discharge upon the recept thereof of the date the 20 of May last 
produced in Gounsell, therefore the Lords of Privie Gounsell doe, 
according to ane act made be them with consent of the Gommissioners 
for conserving the peace and commoun burdens upon the 4 th of March 
last, declare that the said spume of six hundreth punds is lent be the 
said George for the present supplee of victualls and cloths to the Scotish 
armie in Ireland, and that the same sail be payed to him, his airs, 
executors and assigneyes couforme to the said act abovewritten." 

" The like act upon the discharge of v® merkes givin to Eobert Eichart- 
sonein Bruntyland dated the 20 of May; and upon M' Johne Charters, 
minister at Gurreis discharge of j*" merks dated the first of Junij last ; 
and upon Andro Bryson, merchand, his discharge of oOO merks of the 
15 May last ; and upon John Arnot of Wodmilnes discharge of v® merks 
of the first of July ; and upon Andro Watson in Bruntylands discharge 
of j° merks of the 6 of Junij last ; upon Johne Futhie, cordonners dis- 
charge of 400 merks of the 28 of Aprile; uponJonet Nimmo wedow, 
1. 100, b. her discharge of 200 merks of the 17 May; upon Alexander Gleghorn, 
Wrights discharge of 200 merks 28 Aprilis; upon John Scot, mer- 
chants discharge of j*^*** of the first of Aprile ; upon Patrik Grichton 
merchants discharge of ij° merks of the 31 Martij; upon Andro Grich- 
tons discharge of ij° merks the same day ; upon William Mure, baxters 
discharge of ij® merks 17 May last ; upon Thomas Gourlay in Brunty- 
lands discharge of v*^ merks of 26 May ; upon Gaptan Thomas Weirs dis- 
charge of ij*' merks 15 May ; upon James Wilson, merchants discharge 
of iiij*^ merks, 31 Martij ; upon M' James Schairps discharge of v** 
merks, 10 Junij ; upon Marion Sandelands, relict of David Murreyes 
discharge of v^ merks 22 Aprilis ; upon John Hamilton, apothecars 
discharge of 800^^ 15 Aprilis; upon Patrick Angus, burges of Brunty- 



8 REGISTER OF THE COUNCIL. 1643. J 



lands discbarge of ij° merks 20 May ; and npon Thomas B^ discharge Aeu, Noram. 
of 200'«' 27 Aprilis." SSi^W 

FoL 100, b. 

Edmbargh, [Sederunt as recorded above.] Dacrrta, 

19th October ^ -* Novamber 

1643. 1641-October 

Compiaiiit by Complaint by the commissioners for the royal burghs, as follows : — In i?^. 
sionenfOT the December 1620, the Council,upon the complaint of his Majesty's Advocate 
SJnt^^ and the noblemen and inhabitants of the sherififdom of Hadintoun,annulled 
expesriTe a bond entered into by the coalmasters upon the water of Forth for 

prices chaiff ed t • • 

by the cool- raising the pnces of coal, and discharged the export of coal by either 
KrS^f^Forth. natives or strangers ; and in April following the Council further dealt 
with the sale of coal. Again, on 29 th November, " the same yeare," 
the Council, considering " the prejudices and sufferings of the countrie 
by the exhorbitant prices sett upon coale and the preferring of strangers 
to natives in the sale of coale " ordained the masters of the coal heughs 
upon the water of Forth to prefer the natives to all strangers, not to 
postpone them on account of any contracts with strangers, '* and to serve P. 288. 
them with the like measure and prices used and takin at the said coale- 
heuches the space of three moneths, under the pane of ane hundreth 
punds to be payed to the pairtie wronged, ather by highting the prices, 
altering the measure, or delapng and postponing them to strangers," 
taties qtufties. The said prices and measures were ordered to stand in 
force till Pasche thereafter and further order was to be taken thereanent. 
The coalmasters cannot pretend ignorance of this act, as it was so often 
and carefully published, yet against the tenor thereof the abuses com- 
plained of are continued and are come to a greater height than formerly. 
Not only have the price and measure of the coal been altered, natives 
postponed to strangers, and great quantities of coal exported, but the 
natives are *' altogether defrauded of coale after long attendance upon 
the same." Charge having been given to John Cornwall of Bonhard, Mr 
Robert Cornwall, his brother. Sir William Dick of Braid, Mr Andrew 
Dick, his son, James Hamilton of Grange, John Hamilton of Kinglassie, 
John Hamilton, chamberlain of Kinneill, Bobert Elphinston of Querrell, 
James Spittell, there, Edward Cowie, tacksman of the coal of Fawkirk, 
William, Earl of Airth, George Forrester, tacksman of the coal there, 
Alexander, Lord Elphinston, John, Earl of Mar, Harry Stuart of Baith, 
Sir Alexander Schaw of Sauchie, Mr Bobert Bruce of Kennet, Edward P. 284. 
Bruce now of Culros, Mr Alexander Clerk of Pittincreiff, Thomas 
Charters, James Loch, and John Rynde for the coalheughs of TuUiallan, 
John Bairdie in Innerkeithing, Sir John and George Preston of Valafeild, 
John, Earl of Wemes, Sir Alexander Gibson, elder of Durie, John Coil- 
year of Kirkaldie, John, Lord Sinclar, David Boswell of Balmowto, 
David Beatson of Garden, George, Earl of Wintoun, Sir John Johnestou 
of Elphinston, Captain Bobert Hamiltoun, Captain Thomas Hamiltoun, 
Robert Cokburne of Butterden, James Dischington in Elphinstoun, Robert 
Greirson, skipper in the Panns, John Aikman there, and David Preston 



1643. CHARLES I. 9 

Becreta, of CraigmiUar ; and the pursuers compearing by George Suttie, dean of 
iMTSetober guUd and Commissioner for Edinburgh, many other commissioners from 
P?^^. divers particular royal burghs within the kingdom, and Mr Alexander 

Guthre, clerk to the Burghs, with John Bamsay, their agent; and of the 
defenders Mr Andrew Dick, Mr Robert Bruce of Kennet, Mr Alexander 
Clerk of Pittincreiff, John, Earl of Wemes, John, Lord Sinclar, David 
Beatson of Garden, David Boswell of Balmowto and James Dischingtoun 
of Elphinston compearing personally, and Sir William Dick by his said son. 
Lord Elphinston by Hall, his servant, and John, Earl of Mar and 
John Hamilton of Einglassie by Mr David Williamson ; " the said Earle 
of Wemes and remanent coalmaisters compeirand declared all with one 
voice that as they ever had so they would still continue in their 
obedience to the act of Gounsell for preferring natives to strangers," and 
were content that the said act should stand in full force against them. 
Further, the said Earl declared that " he sold the load of his land coale, 
being a water boll, for f y ve shillings tuo pennies, and the load of his sea 
coale of the measure foresaid at seven shillings one pennie/' The 
commissioners for the burghs ofifered to prove that they bought the load 
of his land coal at 4s. 2d. seven years since. This the Lords refer to 
p. 286. their probation upon 2nd November next, until which time they ordain 

the pursuers to pay 5s. 2d. to the said Earl of Wemes for his land coal 
and 7s. Id. for his sea coal. David Beatson acted himself " to keepe 
eight men still working at his great coale for furnishing the coimtrie 
and to sell the load thereof, being a water boll, at three shillings six 
penneis." The Lords ordain the Laird of Balmowto to sell his coal to 
the country people at the price he has charged for the last five years ; 
and they ordain the Earl of Mar and the rest of the coalmasters on the 
water of Forth who sell their coal by chalders to sell the same at 5 
merks the chalder until the pursuers prove that they sold the same at an 
easier rate, for which the 2nd November has been fixed with consent of 
parties. Mr Alexander Clerk acted himself to furnish the country with 
his coal at 3s. 6d. the load, " being a water boll." The Lords ordain Mr 
Andrew Dick and his father and John Hamiltoun of Einglassie to sell the 
chalder of their coal, " which is the double of Alloway chalder, at ten 
merkes," until the burghs prove that they sold the same cheaper before ; 
and the said Mr Andrew to sell the load of his land coal at 6s. the load 
'^ of the mett foresaid." Richard Chaplane, commissioner for the burgh 
p. 2S7. of Hadinton, ofifering to prove " that the countrie people had at the 

Earle of Wintons coaleheuches 3 coale creills (which would be a full 
hors load and conteane ane water boll in his estimatioun) for three 
shillings foure penneis and tua pennies to the caryer," the Lords assign 
to him the 2nd November to prove the same. Further, the Lords ordain 
the whole remanent coalmasters abovewritten and their tacksmen to sell 
the load of their coals, being a water boll, at the same price as they have 
been receiving for the past three years until the pursuers prove that 
they sold them cheaper. Moreover, as " the coale of Elphinston hes 



10 REGISTER OF THE COUNCIL. 1643. 

ever beene a land eoale for f urnishiug the countrie/' the Lords discharge Decrota, 
James Dischington and the other tacksmen of that coal to sell any of it i^uootober 
for export under the penalties contained in the Acts of Parliament there- ^^- 
anent, or to increase the price above 3s. 4d. the load, being a water boU» 
which is the price taken by them for the past three years. The Com- 
missioners for the Bai^hs declared they would use the same probation 
on 2nd November respecting the coal of Dysert belonging to Lord 
Sinclar as against the Earl of Wemes. And finally the Lords ordain 
the whole coalmasters to prefer the natives coming to them for coal to 
all strangers and not delay them on any pretext of a contract with 
strangers, but to serve them at the prices and measures abovewritten 
under the penalty of £100 to be paid to the party wronged toties quoties 
in terms of the act and proclamation of 29th November 1621, and 
under the further penalty of being altogether prohibited to export coal, 
and to be censured and punished in their persons and goods at the will 
of the Council. 
Anent the Mr Andrew Dick, compearing personally in name of Sir William Dick p. 29«.i 

?n ^Sniith^^. ^^ Braid, his father, declared that being summoned by the Burghs anent ^' ^^• 
shire. furnishing the country with the coal of Caribdin, specially within theJ,ropep*piaoe 

sheriffdom of Lithgow, " he was willing to give all possible satis- g^^^^ , 
faction in thiit particular, providing the whole furnishing sould not be 
layed upon his coale but that the remanent coalemaisters of the shire 
sould furnish thair proportionall part according to ane visitatioun to be 
made by order of the Counsell of the severall coalheuches in the said 
shire by persons to be nominat be the Counsell for that effect, and desired 
this visitatioun to be done with all possible diligence." The Lords, 
considering the desire reasonable, hereby appoint Sir Robert Drum- 
mound of Medhop, William Drummound of Rickartoun, Mr George 
Dundas of Manner, George Dundas of Duddingstoun, and George 
Bell, provost of Lithgow, or any three of them, to visit the whole 
coalheughs of the shire of Lithgow, take trial of the number of colliers 
at each and the benefit of their coal, and set down the proportion of 
coal to be supplied by each of these coalheughs for the use of the said 
shire, and how the same shall be observed, and report to the Council 
with all diligence. February^eas- 

" The Frensh monsieur gave in his propositions." leisr™^*^ 

Fol. io9, b. 

BdinbuiKh, Sederunt: — Chancellor; Argile ; Mar; Eglinton; Cassills; Dun- Acta, Novem- 

1S43. ^^*™ ^ fermline; Lauderdaill; Lindsey; Dalhousie ; Angus; Yester ; ootoher 1646. 

Sinclar ; Elphinston ; Balmerino ; Burlie : Balcarres ; Clerk ^°'- ^^' ^• 
Register ; Advocate ; Treasurer Depute ; Wauchtun ; Sir William 
Douglas ; Sir John Smith. 

Subscription 

of the Solemn '* The quhilk day the counsellors present subscribed the Solemne League 
C^nan't?'* and Covenant." 



1643. CHARLES I. 11 

Decreta, [Sederunt as recsorded above] Edinburgh, 

NoTember 2nd Noyember 

1641-Oetober 1648. 

^%8. Supplication by Laurence Mercer, son of the Laird of Aldie, Eorie Supplication 

Clerk, son of Mr Donald Clerk, minister at Lochells, James Borthuick,^^"|^J^^^,£ 
son of the deceased Mr Eleazar Borthuick, minister at Leuchars, and^^.^^'^o' 
Peter Hay, son of George Hay, younger of Nauchtane, students in the others, all 
College of St. Andrews, as follows : — In the process by them in June Andrews,*"* ^^ 
last against James Stuart of Ardvorlich and Robert Stuart, his son,*^*^^^*^®^^^ 
touching the alleged slaughter of the deceased Alexander Stuart, son of t«r of Aiexan. 
the said James, their Lordships gave commission to the Earls of Lindsey son of James 
and Wemes and Lord Balcarres to investigate the matter and report, and l^droUch. 
ordained the Justice to continue the criminal diets until 1st November, see index to 
P. 2S9. These noblemen appointed several diets for the hearing of evidence during yohmT^^*"^ 

last vacance, and witnesses were cited for both parties, but owing to the 
commissioners being taken up with public business they could not 
attend. They have now appointed the 15th instant for this purpose 
and the Justice has continued the criminal diet until the 22nd, yet it is 
probable that if some others be not added to the commission the delays 
may continue to the great charges and trouble of the supplicants, who 
crave accordingly. The Lords adjoin Robert, Lord Burlie, and Sir Thomas 
Myrtoun of Cambo, and ordain the commission to report on 1st January 
next, unto which date they also ordain the Justice to continue the 
case. 
ISh^^686- " ^^^ "^"^^ ^* Hamiltons patent presented to the Lord Chancellor ^^^'^^^^^^^^ 
November recorded by the Erie of Lindsey." patent 

iSfiio, «, " ^ 1®^*^^ ^ his Majestic anent the restraint of the Earle of Lothian." ^•^Bw-io' 

Sederunt : — Chancellor ; Argyle ; Mar ; Eglinton ; Cassills; Weemes; 4th November 
Yester; Elphinston ; Balcarres ; Treasurer Depute ; Wauchtoun. 

''The quhilk day the Councel acquainted the Committee of Estats with The subscnp. 
the letters they had reseaved f rome the noblemen who were written to sSiemn**** 
to come in and subscry ve the Covenant. League and 

•' Covenant. 



Acta, Novem- Sederunt : — Chancellor ; Argile ; Mar ; Eglinton ; Cassills ; Wems ; Edinburgh, 

oSiwi646. Angus; Tester; Elphinston; Balmerino; Balcarres; Clerk J^s!^'*''**"'** 

FoL 100, K Begister ; Treasurer Depute ; Wauchtun ; Sir John Smith. 



'' The Lords of Privie Counsell gives commissoun be thir presents to his Trial of 
Majesties Advocat and Justice Deputs to peruse the processe and^'^ ^ 
delations givin in against witches, and to report to the Counsell their 
opinion thereanent." 

" Forsamekle as Sir William Armyne, one of the commissioners f rome BaiUes of 
the Parliament of England, has represented to the Counsell that onCoiSSS^to^ 
William Hamon, Englishman, maister of the ship called the ' William JJT®*^j*^.jjj^^ 
and Judeth of Lun,' has givin out threatning speeches, that when he is Hamon, who 



12 REGISTER OF THE COUNCIL. 1643. 

threataDsto at the sea he will turne pyret, therefore the Lords of Privie Coan8ell,ActB,NoTem- 
p^t^ ^ according to the desire of the said Sir William Armyne, ordains the ocl^ber 1646. 
bailleis of Bruntyland, where the said William Hamon and his ship ^®'- 1^^» •• 
lyes, to arrest the said ship and not to suffer her goe away till first the 
said William Hamon appeare that order may be takin with him, and 
ordains the bailleis for this effect to take the whole sailes of that ship 
frome the roes and to keepe them till they receave farther warrant 
thereanent." 

Bdinbunrh [Sederunt as recorded above.] Deoreu, 

7th NoTemW fiSAer 

rpjjjg ^„ compeared Robert Bruce, son of William Bruce, portioner of 1646. 

Protest by ^ .1 - i . !• 1 ... ., , -r>. .;,.,. ^,, P. 289. 

Robert Bruoe, Lyth, for hmisclf and as commissioner for Alexander CogiU of that Ilk, 
gm of WiUiam ^j^ J producing copy of a summons at the instance of Sir Thomas Hope 
ESS^for ^' ^^ Craighall, his Majesty's Advocate, and Alexander Duncan in Kirk, 
bmiMif andas for them to appear before the Council this day and answer to the charge 
forSeundn- of bearing hagbuts and pistols and wounding the said Alexander, protested 
Sf'amiiiS^a ^^ r^spect of the non-compearance of their party, that they should not 
Bompaons at be held to answer until they were cited of new and their expenses paid. 
Alexander About a year previously they had been summoned upon the same com- 
D^can m plaint, and because of their non-compearance Alexander Duncan pro- 
tested and obtained modification of 100 merkes for expenses for payment 
on which he caused charge the said Alexander, who suspended the charge 
and consigned the money in the hands of the Clerk of the Council. He 
therefore further protested for the delivery of the consigned money to 
him upon his discharge for himself and the said Alexander CogilL The 
Lords admit the protestation. 
Doom to be '^^^ Lords, having on 12th October last granted a commission to the 
prouounced on provost and bailies of Culros, Sir Robert Colvill of Cleish, Sir George 
Hutto^«pouie Preston of Valafield, Mr Robert Colvill of Kynneddir, and James Aitkin 
iLiS^bui^ess ^^ Middle Grange, or any three of them, for the trial of Margaret 
of CuiroM, who Huttoun, spouse of Edward £zat, burgess of Culross, by an assize for 
found guilty of witchcraft, Ordaining them to report before pronouncing sentence, 
witchcraft. ^^^ ^j^^jj. report being this day produced, showing that the said 
1W8^»°^*™^' '^^^^^^^ ^^ convicted of the said crime at a justice court held by 
The ooai- ^^c Said Commissioners at the burgh of Culros on 25 th October, ordain the 
the°burKh8 ®*'^ justices or any three of them to pronounce doom against her accord- 
ing to the laws of the kingdom and see the same put to execution. 

" A Committee to meet with the borrowis and coalmaisters." Februwryiess- 

November 

Sederunt : — Chancellor ; General ; Argile ; Mar ; Cassills ; Wems ; 
S^* Number Angus ; Yestcr ; Elphinston ; Balmerino ; Balcarres ; Clerk ueH'eli-''*"" 

1648. Register; Treasurer Depute ; Wauchtune; Sir John Smith. S^i^iqi^^^* 

** The answers of the Counsell of Scotland to the propositions givin in to 
them be Monsieur Bosivous from the King of France. 

t The Register of Sederunts ends on 9th November 1643. 



1643. CHAELES L 13 

Acta, Norem. " To the first, when the Counsell Ball receave ane accompt from the Answers of 
October^i646. Earle of Lothian of his proceedings in his imployment to France, theylJe^^-*^ 
Pol. 101, a. ^u tiign according to their power give such ane respective answer as ^°°*gf' ^ 

may show their willingness to interteane and confirme the ancient Bomyoiu anent 
alliance betuix the kingdoms of Scotland and France. alliance**"* 

" To the secund, the Counsell can give no other answer then that the gJotiand and 
conserving of peace betuix the tua kingdoms of Scotland and England France, 
is remitted be his Majestic and Estats of Parliament to a commissoun 
appointed for that effect, and that the late Convention of Estats having 
receaved some propositions frome commissioners of both houses of the 
Parb'ament of England for the further securing of religion and peace of 
thir kingdoms, they have entrusted the consideration thereof to ane 
committee of their owne number, who (the Counsell are confident) will 
KoL 101, b. proceid in these affaires as becometh them in dutie and conscience 
towards God, in loyaltie to the King and with regard to the good of the 
kingdoms. 

" To the thrid, since the Nationall Assemblie of the Church of Scotland 
is independent, therefore what hath beene concluded be them cannot be 
§ recalled be the Counsell. 

" As the Counsell have answered these principall propositions according 
to their power, and in such sort as can give no just occasion of offence 
to the King of France, being willing inviolablie to keep that amitie 
quhilk hes beene so religiouslie observed these manie ages, and ar con- 
fident that the Queene Begent, and these who have the charge of the 
King of France and his affaires in his noneage will be better advised 
then to make these particulars ane occasioun of breach with his ancient 
allyes, whom his royall predecessors in their greatest difficulteis have 
found to be their readiest and surest freinds, so when anie other pro- 
positioun sail be made unto them by Monsieur Bosivous they will 
retume such ane answer thereto as apperteaneth." 

"The propositions (translated out of French in English) which 

Monseiur Bosivous, sent from the most Christian King, is 

commanded to make to the Lords of Counsell of Scotland. 

" That according to the instructions which the Lords of the Counsell of 

Scotland hes givin to my Lord the Earle of Lothian, their deputie in 

France, with consent of the King of Great Britane, the said Lords 

(so far as their power doth reach) ar to confirme the ancient alliances 

betuix France and Scotland. 

" That for this effect the Scots directlie nor indirectlie enter not in armes 
in England, whether under pretext of serving the King of Great Britane 
or under pretext of serving religloun without expresse commission from 
FoL 102, a. the King, their maister, and forasmuch as this article is of present con- 
cernment the most Christiane King desires a punctuall and speedie 
answer. 

" That the Lords of the Counsell of Scotland in imitation of the most 



14 REGISTER OF THE COUNCIL. 1643. 

Christiane King have no regard to the difference of the religioon of these Acta, NoTem- 
who serve in France or ar inrolled or to be inrolled to serve there. And October 1646. 
forasmuch as the churches of Scotland in their Assemblie have deter- ^^'- ^^ •• 
mined to the contrare, that the Counsell of Scotland give a sentence of 
retractation. Monsieur de Bousivous hath further commandement frome 
the King his maister to make some other propositions. But as these ar 
the principall and which conceme the manutention of the alliance of the 
two kingdoms, or the breach of the same, he hath order to have answer 
first." 

Edinburgh, [Sederunt as recorded above, with the addition of Sinclair and Decreta, 

9th Novftmber i.L a j i. i Noyember 

1643. the AaVOCate.J 1641-October 

1646. 

P. 291. 

Comphunt by Complaint by James Maxwell of Innerweik, one of his Majesty's Bed- 

Maxweiiof chamber, as follows : — He raised letters of lawburrows against Alexander p. 298. 

^*^?Mt*^^ Levingtoun of Saltcoitts, under the penalty of 3000 merks, who refused 

^ezander to obcy and Went to the horn, whereupon the complainer was forced to 

SAitoMkts,"for raise letters of caption and apprehend and ward him in the tolbooth of 

obta?ning Hadinton. But he has obtained letters of suspension and relaxation 

relaxation npon some frivolous rcasons which he cannot make good, only intending* 

lawburrows. hereby to elude the law. Both parties compearing, James Maxwell 

produced documents showing that the said Alexander was personally 

charged on 5th March, 1648, to find lawburrows, and for refusing was 

put to the horn on 1st November, 1643; while Alexander Levingtoun 

produced his letters of suspension and relaxation showing that he had 

found Eobert Acheson of Sydserf cautioner for him conform to the 

charge of lawburrows ; but he contended that the penalty should be 

modified as being beyond that prescribed by the Acts of Parliament. 

The Lords ordain this caution to stand in force against the defender 

and find the horning orderly proceeded until the defender find sufficient 

caution to the pursuer for his indemnity from the said 5 th of March, 

under the penalty of 3000 marks without any modification. This 

caution was immediately found by the said Bobert Achesoun of Sydserf. 

CompiAiatby Complaint by the Commissioners of the royal burghs as follows: — P. 294. 

rionereo? the " -Albeit the transportation of coale be straitlie prohibite and discharged 

royal burghs be divcrsc acts of parliament under certain panes mentiouned and con- 

ooui-ownen ^tcanncd therein, nevertheles it is of truth that there hes beene and still 

coauTi^lSSf is great transportatioun of coale frome the particular coalheuches under- 

tbe law. writtin, which being land coale and wherewith the toun of Edinburgh 

and part-s adjacent wer served and the same never heir-to-fore till 

of late transported, yitt now the countrie about these parts by the said 

transportatioun is so heavilie prejudged as they cannot have the benefit 

of the said coalheuches for their necessarie use, and what they gett is 

at exorbitant prices, farre beyond that quhilk wes payed formerlie ; 

viz., at the coalheuches of Carbarrie perteaning to James Big of 

Carbarrie, and of Natoun perteaning to Sir William Murrey, and of 



1643. CHAKLES I. 15 

Deereta, Wolmett perteaning to , Ladie Wolmett, of Gilmertoun pertean- 

iMi^Setober ing to Sir David Crichtoun of Lugtoun, of Leswade perteaning to Sir 
i?^4. Johne Nicolsone of Leswad, of Cokpen pertaining to Mark Cas, of 

Stobhill perteaning to Dundas of Arnestoun, of Bryanburne 

pertaining to the Earle of Lothian, of Bannockburne pertaining to John j 
Bollock, of Achinbowy pertaining to Bruce of Achinbowy, of 

Mekle Fawside pertaining to M' James Durhame, of Little Faside to 
Johne Hamiltoun, and of the coale of Painston perteaning to Sir 
William Baillie of Lamingtoun, knight; quhilk transportatioun and 
exorbitancie of prices at the saids coalheuches if they sail be of anie 
p. 295. longer continuance the countrie will suffer verie heavilie." Charge 

having been given to the coalowners named above and to Lady Lothian, 
and the pursuers compearing by George Suttie, dean of guild of 
Edinburgh and commissioner for the said burgh, with several other 
commissioners for particular burghs, and Mr Alexander Guthrie, clerk, 
and John Bamsay, agent to the said burghs, and of the defenders compear- 
ing, the said Mark Cas, Dundas of Arnestoun, John Bollock, Bobert 
Bruce and Sir William Baillie, personally, and Sir William Murray by 
Murray, his son, the Lords, after hearing parties, discharge the 
coalmasters above written " to sell anie of their code to be transported 
out of the kingdome under the panes conteanned in the Acts of 
Parliament but that they sell the same to the natives at the prices and 
p. 298. measure formerlie receaved be them these seven yeeres bygane," the 
defenders having shown no reasonable cause why this should not be done. 

Complaint by the commissioners for the royal burghs as Oompiaint by 
follows: — In the process lately pursued at their instance against the Hionen of the 
coalmasters they undertook to prove that they bought the load of the J^ii]j.^^„ 
Earl of Wemes's land coal and that of Lord Sinclar at 4s. 2d. seven o«}!"0^5f'?'o»^ 

aeliing their 

years since; that the Earl of Mar and other coalmasters on the water coals at too 
of Forth who sell their coal by chalders sold the same several years ago * v^^^^ 
cheaper than five merks the chalder ; that Sir William Dick, Mr 
Andrew Dick, his son, and John Hamilton of Kinglassie have sold the 
chalder of their coal, " being the double of Alloway chalder," cheaper 
than ten merks; that the country people in East Lothian received 
at the Earl of Winton's coalheughs " three creills (quhilks would be a 
full hors laid and containe a water boll) '' for 3s. 4d. and 2d. to the 
carrier ; and that the remaining coalmasters of the kingdom have sold 
their coals cheaper some years past than they do now ; and the Lords 
appointed 2nd November for leading this probation. Charge having 
been given to Cornwall of Bonhard, Sir William and Mr Andrew 

p. 297. Dick, James Hamilton of Grange, Hamilton of Kinglassie, John 

Hamilton, chamberlain of Kinneill, Bobert Elphinston of Querrell, 
James Spittell there, Edward Cowie in Fakirk, William, Earl of Airth, 
George Forrester, Harie Stuart of Baith, Sir Alexander Schaw of 
Sauchie, Mr Bobert Bruce of Kennat, Edward Bruce of Camock, 
Thomas Charters, James Loch and John Bynd, John Bairdie, Sir John 



16 REGISTER OF THE COUNCIL. 1643. 

and Sir George Preston, John, Earl of Wems, John, Lord Sinclar, Deersu, 
Sir Alexander Gibson of Durie, John Coilyear and (Jeorge, Earl ofi^i!!odSber 
Wintoun, and the pursuers compearing by George Suttie, dean of guild |f^ 
of Edinburgh, commissioner for the said burgh, and many other 
commissioners for other particular burghs, with Mr Alexander Guthrie, 
clerk to the said bui^hs, and John Ramsay, their agent, and of the 
defenders compearing John, Earl of Mar, John, Earl of Wems, John, 
Lord Sinclar, Mr Robert Bruce of Rennet, Mr Andrew Dick for himself 
and his father, and Sir George Preston of Yalafield, personally, and 
John Hamilton of Kinglassie by Mr David Williamson, the Lords, after 
hearing the depositions of the witnesses produced and advising, ordain p. 298. 
" the chalder of coale of the old measure keeped thir diverse yeeres 
bigane at the coalheuches of Alloway, Airth, Tulliallan, Sauchy and 
Kennet to be sold at three punds; and the chalder of the coale at 
Caribdin, Grange, Bonhard, and Borrowstounes, quhilk is the double of 
Alloway measure, to be sold at six punds, and the land laid, being ane 
measure of ane water boll at six shillings ; and in r^ard the measure 
of Sir Greorge Prestoun of Valifeild his coale is alledged to be foure and 
a halfe of Alloway measure and somwhat more nor the double of the 
measure of Borrowstounes, ordains the said Sir George to sell his said 
measure at tuelife punds, quhilk is the double of Borrowstounes measure 
and the quadruple of Alloway measure ay and quhill the said Sir 
George his measure be compared with the measure of Alloway and 
so the true proportion be knowne ; and siclyke ordains John Bairdie of 
and Harie Stuart for their coale of Innerkething and Johne 
Coilyer in Kirkaldie for his coale at Lochgellie to sell the laid of their 
coale of a water boll at three shillings six penneis ; as alsua ordains the 
said Robert Elphinstoun and James Spittell for the coale of Querrell 
and Edward Cowie for the coale of Fakirk, to sell the laid of their coale 
at the same price and measure; and ordains the Earle of Wems and the 
Lord Sinclair and the Lord Durie to sell the laid of their land coale, 
being 18 pecks water mett, at fyve shillings tua penneis, and the laid 
of sea coale at seven shillings one pennie; and last ordains the said 
Earle of Winton to sell a full hors laid of his coale, being thi*ee ci*eills 
full and ane water boll, at fourtie penneis the laid and tuo penneis to 
the carycr ; and thir prices and measures to stand onelie till the terme * 
of Witsonday nixt and ay and whill the Counsell take farther order 
anent this mater and the Burrowes be warned and heard heeranent." 
The Lords ordain likewise that if the coalmasters fail in obedience p. 299. 
of this ordinance they will incur toties quoHes a penalty of £100. It is 
also declared that the said coalmasters shall not be tied to serve any of 
the burghs with coal "but such as sail have a note under their 
magistrats hands that they ar to serve the countrie with the coale to be 
receaved " on production of which not« they will be preferred to 
exporters, under the penalty of £100 for each ofifence and absolute 
prohibition of exportation. Further, it is provided that the Burghs 



1643. CHAELES I. 17 

ixecreta, may use their own barques and vessels or such as they may hire from 
itSi^tober others for conveying their coal on attestation that the coal is for the 
r1»9 country and not for exportation and giving surety to the coalmasters 

for that effect, or failing this, on enacting themselves to repoi*t to the 
coalmasters a certificate from the magistrates or the master of the 
ground where they unloaded their vessels, otherwise they are not i^in 
to be served by the coalmasters. 

P. 300. Sederunt : — Chancellor ; Argile ; Cassills ; Dalhousie ; Balraerino ; Bdinburgb, 

Advocate ; Justice Clerk ; Wauchtun ; Provost of Edinburgh blfi^?"'" 

p. 301. Supplication by the barons and freehoolders of the shire of Invernes, SuppUcation 

as follows : — No commission has yet been granted to anyone to be ^J^i^froo^"^"" 
sheriff of Inverness for the following year, and the same has been^^!^®"^' **»® 

11*1. 1 « .11. 1. . _ shir© of Inver- 

neglected for former years whereby many inhabitants are disappomted now for the 
in their actions and services before the said sheriff, and they crave thato?S°iheriff? 
their Lordships would take some course for obviating this inconvenience. 
The Lords hereby continue Thomas Fraser, elder of Streachin, late 
sheriff of Invernes, in the said office until Michaelmas next, if he be not 
discharged before that time. 

Supplication by Mr Patrick Maxwell, sheriff clerk of Perth, as Supplication 
follows : — There have l>een several actions and causes depending before j/axweii ^^^ 
the sheriff of Perth since before Michaelmas last and others are pending, ^^jf ^^e' 
but these cannot proceed as no sheriff has been appointed. He craves aopointment 
that their Lordships would continue Sir Robert Blair of Baltheyock inporth.* 
this office. The Lords hereby continue him in the said office until 
Michaelmas next unless he shall be discharged before then. 

A«ta, Norem- SedevurU : — Chancellor ; Argile ; Cassills ; Kingorne ; Lauderdaill ; Bdinbrnigrh, 

October 1646. Siuclar ; Balmerino ; Hamiltoun ; Wauchtune. ber iSST^™ 

Fo\, KB, a. 

" Forsamekle as the Lords of Secreit Counsell, considering the great Existing 
prejudice likelie to ensue to his Majesteis service in ingaddering of his st^waAs to 
rents and to the lieges in the course of justice performable be the 8hireffs^°.^^'JJ^J^ 
and Stuarts of this kingdom who ar at his Majesteis nominatioun throw tin the 
the neglect of the tymous appointing of the said shireffs for this yeere, Michadmas. 
and that thir services cannot be discharged without the shireffs 
formerlie in office be continued for this yeere, therefore the said Lords 
hes continued and be thir presents continues the said shireffs and 
Stuarts in thir services foresaids till Michaelmes nixt except they be dis- 
charged before that time, viz., Sir Johne Dalmahoy, shireff of Edinburgh ; 
Sir Johne Achinmoutie, shireff of Hadinton ; Sir Alexander Swintoun, 
shireff of Beruick ; Sir William Scot of Harden, shireff of Selkirk ; Johne 
NaperofKilmahew, shireff of Dumbartane; David Grahame of Fin trie, 
shireff of Forfar; Alexander Hamilton of Hj^s, shireff of Lanrick; Sir Alex- 
FijL 102, b. ander Irwing of Drum, shireff of Aberdeen ; Sir Alexander Abircrombie of 
VOL, vm. B 



18 



REGISTER OF THE COUNCIL. 



1643. 



Birkinboig, shirefif of Bamf ; James Johnstoun of Corheid, stuart of Acta, Novem* 
Annerdaill ; FouUertoun of Dreghorne, baillie of Eylestuart ; and October 1646, 

Bryce Sempill of Cathcart, shirefif of Renfrew and baillie of Paisley ; ^^^' ^^ ^• 
and ordains letters to be direct to make publicatioun heirof be opin 
proclamatioun at all places neidfuU wherethrow nane pretend ignorance 
of the same, and to command and charge the shireffs, stuarts and bailleis 
above specifeit to goe on in the discharge of their offices and performance 
of the duteis incumbent to their places till Michaelmes, except they be 
discharged, as they respect the good of his Majesteis service, the weale of 
the countrie, and will answer upon the contrare at their highest perrell." 



Ediobargh, 
23rd Novem- 
ber 1643. 



Sederunt: — Chancellor; Argile ; Cassills; Eingorne; Lauderdaill:i>eereu, 
Balmerino ; Advocate ; Justice Clerk ; Wauchtoun ; Provost of iSi^ScSbcr 
Edinbui*gh. 



1646. 
p. 802. 



GkiTin Mar- 
shall, prisoner 
in the tolbooth 
of Edinburgh, 
to be released. 



Complaint by 
Mr. Thomas 
Yoang of 
Leny, writer to 
the Signet, 
against Oeorge 
Samaell, 
baker in Edin- 
burgh, for 
robbin|[ the 
oomplainer's 
serrant of two 
bags of oat- 
meal. 



The Lords ordain the provost and bailies of Edinburgh to liberate Gawin 
Mairshell, presently prisoner in their tolbooth for the slaughter of David 
Bnice, son to the young Laird of Clackmannan, seeing he has found 
caution to keep ward in Edinburgh till he be relieved by the Council 
under the penalty of £2000. 

Complaint by Mr Thomas Young of Leny, writer to his Majesty's 
signet, as follows : — On the 10th instant his servant was "carying upon 
hors tua bags of his owne meale f rome his roume of Leny for the pro- 
visioun of his owne hors in Edinburgh; where he now resides, expecting 
no trouble for this cans, since the mater is unchallengable in it self and 
wes never challenged in the like caise heirtofore, nevertheles, as his said 
servant wes comming along the Cowgait with his said meale, George 
Samwell, baxter of Edinburgh, violentlie reft the same frome his said 
servant and caried it whether he pleased and keepes the same from the 
compleaner. Whereanent he being loath to make hearing and having 
compleanned to the bailleis of Edinburgh, who wer sensible of the wrong 
and dealt by their officers and themselves also for restitutioun of the meale, 
nevertheles he stubbornlie refuses." The pursuer compearing but not the P. 808. 
defender, the Lords ordain the latter to be put to the horn and escheated. 



Edinburgh, 
80th Novem- 
ber 1648. 



SederuTit : — Chancellor ; Argile ; Cassills ; Kingome ; Lauderdaill ; 
Balmerino ; Sinclar ; Justice Clerk ; Wauchtoun. 



Order to the 

i'ustioes of 
'erthto 
pronounce 
sentence on 
three persons 
oonricted of 
witchcn&ft. 



On 25th July last the Lords granted commission to the sheriff of 
Perth and his deputes and to the provost and bailies of Perth, or any 
three of them, the sheriff or provost being one, to put Agnes Stoddart 
and Thomas and Jean Rob, prisoners in the tolbooth of Perth, to the 
trial of an assise for witchcraft, and the Lords, having seen the report 
thereof, stating that the said three persons had been convicted of some 
points of the said crime in a judicial court held at the burgh of Perth 



1643. CHAELES 1. 19 

Decreu, OD 30th August last, ordaiu the said justices to pronounce sentence against 
i^i^October these persons according to the laws of the country and see the same put 
p^^ to execution. 

Complaint by David Hunter, provost of Forfar, Thomas Hunter of CompWnt by 
Roswallie, (Jeorge Wod, burgess of Forfar, and John Hunter in Glammis, ?rovo«t^^^^ 
curators to Mai-garet Hunter, daughter of the deceased John Hunter, ^jj**"'**"*^ 
tailor bui^ess of Edinburgh, and John, Earl of Kingonie, and James, curators to 
Earl of Hartfell, overseers to the said Margaret, as follows : — ^They HunSr^ 
are informed that Alexander Forbes, brother - in - law of the ^^^^^J^^JJ^ 
said Margaret, has taken her away out of the house Jobn Hunter, 
of the said John Hunter in Glammis and carried her theyof^lnbu^' 
know not where, intending to dispose of the young woman's pei-son and J^JJJJf p^^^"^ 
estate to his own advantage, "to her wrack and undoing and prejudice ^r?^**™-^'' 
of the trust lying upon the compleanners and dangerous exemple aganis Margiuret, for 
minors." Charge having been given to the said Alexander Forbes toSTwif "*^ 
produce the said Margaret, and the Earl of Kingorne and John Hunter Margaret, 
compearing for themselves and the remanent pursuers, but not the 
defender, the Lords ordain the latter to be put to the horn and escheated. 

P- 3^- SedennU : — Chancellor ; Glencarne ; Dalhousie ; Yester ; Durie ; Edinburgh. 

Advocate ; Treasurer Depute ; Justice Clerk ; Morphie. 7^DecemW 

This day being assigned to Sir Charles Areskine of Cambuskenneth,John bVenof 
knight, and John Ewin of Cuikspow for the discussion of the suspension fi^ ^uon 
raised by the latter, and Sir Charles compearing by Sir Thomas Hope of J;j|^^^*^' 
Craighall, his father-in-law, and John Ewin compearing by Michael Cuikspow. 

P. 306. Elphinstoun, his brother-in-law \sic\, the Lords, after hearing the parties, ^^'^^"^^''P' ^ 

considering that the said Michael Elphinstoun refuses to be cautioner 
that the said John will not cut the planting of Cuikspow, and that the 
said John was denounced for not appearing to answer for his refusal to 
permit Mr John Bollock, sheriff depute of Stirline, to make a survey of 
the manor place, orchard and fruit trees of Cuikspow in terms of the 
Coancil's warrant, and for destroying the trees and planting and not 
finding caution not to destroy any of those now extant and arrested by 
warrant of the Council, find the said homing orderly proceeded, and 
ordain the same to be put to further execution until the said John 
Ewin find caution in 1000 merks not to cut any of the said planting. 

Complaint by John Purdie in Lammertoun, as follows : — On l^^^^V^^P^J^.^^. 
October last he was coming out of Dunce from the market there in i^mberton 
peaceable manner, when Alexander Fish, portioner in Fleming- j*J^j^"* 
ton, and John Greeve, portioner in Aittoun, " sett upon him in the gJ^jP^Jj^ 
hieway and with battouns and other weapouns gave him manie strokes and John 
on the head and other parts of his bodie to the effusion of his blood, ti?n« liT**^ 
threw him to the ground, trampled upon him with their feet and bar- ^J^/**' 

P. 307. barouslie and cruellie spurred him with their spurres on the face to the 

great e£fu8ioun of his blood." Both pursuer and defenders compearing, 



20 REGISTER OF THE COUNCIL. 1643. 

probation was referred unto the defenders' oaths of verity, whereupon Decreta, 
being sworn, they denied the charge against them. The Lords therefore leu^Setober 
assoilzie them, and because they have attended this matter for fourj,^^^ 
days, and the pursuer undertook to prove them guilty or pay their 
charges, the Lords ordain the pursuer to pay £8 to each of the defenders. 

Edinburgh, Sederunt: — Chancellor; Argile; Cassills; Dumfermline : Lindsey ; 

1648. *™ ^ Yester ; Balmerino ; Clerk Register ; Advocate. 

Mr. John The Lords, having heard the petition presented to them by Mrp g^g^ 
priest, pmoner John Robcrtsone, priest, who has been thirty weeks in close prison in 
of Sfinbo^* great miserie, not having anything to live upon, ordain him to enact 
Mntenced to himself in the books of Adjournal to leave the kingdome and never 
return upon pain of death. Meanwhile, the Lords ordain the provost 
and bailies of Edinburgh to relieve him from close prison, giving him 
the liberty of a " free prisoner " until the occasion of a ship ofiTer for 
his transport. 
Duncan Cam- The Lords, having heard the petition of Duncan Cameron, alias y, siz.^ 
intiie^toibootii CJlerick, hearing that he was accused at the justice court held at Stirling [» Out of it* 
beHb«mted*° in August last of Certain crimes to which he was ready to answer, but SJJ^J^IJer.]" 
because the court did not sit was committed to prison in the tolbooth 
of Stirline, where ever since he has been kept " in the yrnes in great 
pane and miserie like to sterve," and none press to pursue him, inp. su. 
regard of the miserable condition of the supplicant, ordain the provost 
and bailies of Stirline to take him acted in 300 merks to appear to his 
answer before the Council or his Majesty's Justice whenever he shall be 
lawfully cited at the instance of any party, and then set him at liberty. 

Edinburgh, Sederunt : — Chancellor ; Argile ; Cassills ; Kingome ; Dumfenn- Acta, Notmu- 

1648.^^***™ ^ line; Lauderdaill; Lindsey; Calander; Angus; Yester ; oSiw 1646. 

Balmerino ; Clerk Register ; Advocate ; Justice Clerk ; Treasurer ^°*- ^^ ^• 

Depute ; Innes. 

Witches in " The Lords of Secreit Counsell declares that the Commissioun this day 

tiueens erry. ^^^ ^^^ trycU of some witchcs in the Queinsferry sail be no wayes 

prejudiciall to the Earle of Dunfermline his right of r^alitie of the 

lordship of Dunfermline within the quhilk the burgh of the Queens- 

ferrie is comprehended." 

Sederunt: — Chancellor; Argile; Cassills; Kingome; Lauderdaill ; Decreta, 
Lindsey ; Yester ; Balmerino ; Advocate. i64itIoctober 

1646. 
p. 308. 

Finding by the Complaint by Lawrence Mercer, son of the Laird of Aldie, Peter Hay, 
Sweisno^uBtSon of Mr Georgc Hay, younger of Nauchtane, Rorie Clerk, son of Mr 
crhniwk/^^ Donald Clerk, minister, and James Borthuick, son of the deceased Mr 
pursuit against Eleazer Borthuick, in reference to the criminal pursuit of them by 



1643. CHARLES I. 21 

Deerata, James Stuart of Ardvorlich and Bobert Stuart, his son, for the alleged Lawrence 
iMi^ctober slaughter of Alexander Stuart, son of the said James (as formerly ^elSrdof^' 
1^^ narrated p. 11), and to the commission appointed and enlarged for Ji^™gotheri for the 

p. 909. ^ijg evidence in the case so that the Lords may give order either slaughter of 

to proceed with the criminal pursuit or discharge it, charge having stSrt! eon of 
been given to the said James and Bobert Stuart, and to Sir Thomas ^^^JJ^^^jjJJ 
Hope of Craighall, his Majesty's Advocate, to have compeai*ed this day 
to hear the Council's decision, and the pursuers compearing by George 
Hay, younger of Nachtane, also the Lord Advocate being present, but 
p. 310. not the said James and Bobert Stuart, the Advocate declared that, in 

respect of their absence, he would not insist in this matter. The Lords 
thereupon having taken the case to their consideration and the various 
procedure taken therein, and that on 15 th November last Lord 
Balcarres and Sir Thomas Mortoun of Cambo met at St. Andrewes to attend 
p. 311. the probation when the said James and Bobert Stuart did not compear 

to lead any probation, but heard what was led by the other side — 
viz., the depositions of Mr Bobert Blair, minister of St. Andrewes, the 
principal and regents of the said College, the surgeon who attended the 
deceased student, and several of his condisciples and other famous 
persons, who clearly proved that on the occasion libelled the said 
Alexander Stuart " receaved no bloodie wounds nor contusion in his 
bodie but shortly after the squable keeped the schooles, attended the 
same, exercised himselfe at all sorts of pastymes and recreations with his 
condisciples and speciallie with the persewers and bursted a poore mans 
hors at Couper race in April thereafter, and was fullie reconciled with 
the persewers and continued in his studeis till Lambmes and then 
parted frome his saids condisciples in good termes and health and 
promeist to returne to the colledge at the end of the vacance," find no 
just ground for this criminal pursuit and discharge his Majesty's Justice 
and his deputes from all proceeding in this matter against the pursuers, 
and that they give order that no letter be directed for that purpose. 

P. 812. Sederunt : — ^Argile ; Dumfermline ; Lauderdaill ; Calander ; Angus ; Bdinbuigb, 

Tester ; Advocate ; Innes ; Provost of Edinburgh. ilS.^^"^' 

Complaint by Sir Thomas Hope of Craighall, his Majesty's Advocate, complaint bv 
and John Hay of Park and John Hay of Knockondie, one of his tutors, pjJjJ^Yj^j^ 
as follows : — ^The bearing of hagbuts and pistols and convocation of the Hmt of Knock- 
lieges is strictly prohibited, yet on 5th February, 1641, Major Alexander his tutors, 
Sutherland, Alexander Gilbert, servant to the sheriff of Murray, Adam JgoSSldw?^^'^ 
Dumbar, son of John Dumbar, sheriff clerk of Forres, and other P^^ons^^^^^'^'J^^^y 
armed mth guns, pistols and other weapons, " came be way of hame- hamesucken. 
sucken under cloud and silence of night to the place of Inschoth 
perteaning to the said Laird of Park and possest be the said Johne 
Hay who wes fra home for the time, fearefuUie threatned his wife and 
children with all violence if they did not make readie the best cheere 



22 



REGISTER OF THE COUNCIL. 



1644. 



for them and their horse that could be had ; and, becans they refused, Decreta, 
they preaot by force to breake up their doors and behaved themselves in i64]!!o^ber 
such ane outragious and insolent manner that the said John Hay his^^* 
wife wes so affrighted that she almost lost her life ; and by this affront 
they resolved to have drawin the said Johne Hay in blood with them." 
Charge having been given to the persons complained upon, and also to 
Alexander Dumbar of Inchbrok and Patrick Dumbar of Roshauch as p. 313. 
witnesses, and his Majesty's Advocate and John Hay compearing 
personally, but neither the defenders nor witnesses, the Lords ordain 
both the latter to be put to the horn and escheated. 



Edinburgh, 
2n(l January 
1644. 



James Con, 
papist, to be 
liberated from 
ward in the 
tolbooth of 
Edinburgh on 
condition of 
his leaving the 
ooantry. 



Sedei^nt : — ^Argile ; Dumfermline ; Lauderdaill ; Lindsey ; Angus ; Acta, Noyem 



Tester ; Treasurer Depute ; Innes ; Sir John Smith. 



ber 1641- 
October 1646. 
Fol. 102, b. 



" The Lords of Secreit Counsell ordains and commands the provest and 
bailleis of Edinburgh to putt James Con, prisouner in their tolbuith for 
poprie to libertie, he acting himselfe before the Justice to depart furth 
of the kingdom and never to returne agane within the same under the 
pane of death, as alsua finding cautiouu for the same effect in the bookesFol. 103, i 
of Privie Counsell, under the pane of ane thousand punds, and that he 
be keeped prisouner as a free warder till occasioun of a ship be offered 
for his transport." 



Edinbnigh, 
80th May 
1644. 

Complaint by 
Charles, Earl 
of Dunferm- 
line, against 
John Hender- 
son of Fordel 
for detaining 
a collier 



[No record of Sederunt.] Decieta, 

November 
1641 -October 
1646. 

Complaint by Charles, Earl of Dumfermline, as follows : — In the parlia- ^- *^* 
ment held at Edinburgh in July, 1606, it was statute and ordained thatti,2e\n th^ 

Register.] 



no person shall hire colliers " without testimoniall of the maister whom 
they last served under his hand or a sufficient attestatioun of a reasonable 
cans of removing in presence of the baillies or magistrats quher they comer. 409. 
the*^^d*litfi. fra; and in caise anie receave, hire, supplee or interteane anie of 
the saids colyeare or coalbearers without testimoniall, as said is, the 
maisters challenging their servants within yeere and day, the partie 
challenged sail deliver them back within 24 houres, under the pane of 
ane hundreth punds to be payed to the partie challenger toties qmties 
frome whom they past, how oft challenge sail be made and they not 
delivered ; and the saids coilyears to be reput and holdin as theeves and 
punished in their bodeis." Now, in January last John Henderson of 
Fordell received Andrew Adamsoun, "fied coilyear" to the said Earl, p. 410. 
" who had served in his coale of the Crocegates of the Mures of Dum- 
fermline tuo yeeres bygane or thereby, and who did remove himselfe 
away and is interteanned and keeped be the said Johne without 
testimoniall, as said is." In terms of the above act James Walwood, 
officer to the said Earl, did in his name on 22nd and 30th April, Ist, 2nd, 



1644. CHARLES I. 23 

Decwtl^ 3rd, 4th, 9th, 10th, 11th, 13th, 14th, 15th, 16th, l7th, 18th, 20th, 

m?^o«t^ber 2lsfc> 22Qd, 24th, and 25th May, require delivery of the said collier, but 

]^^m ^^ refu8ed,for which the said John ought to be decerned to have committed 

a great wrong s^ainst the complainer, being a Councillor, and his neighbour, 
and not only censured and ordained to restore the collier, but caused 
pay to the said Earl the sum of £100 for each refusal, extending in all 
to £2000. Charge having been given to the said Laird of Fordell and 

P. 410. Andrew Adamsoun, and the pursuer compearing personally and pro- 

ducing the act of Parliament above written with twenty instruments of 
requisition conform thereto made as above by James Walwod, the said 
John Henderson also compeared and gave in his defence in writing, in 
which he contended that the matter being purely civil, ought to be remitted 
to the Lords of Session as proper judges to deal with the validity of 
writs to be produced by him, viz., a contract dated at Fordell and 
Bruntyland 14th and 15th October, 1639, between the said Laird of 
Fordell and Andrew Adamsoun, whereby the latter bound himself " to 
work a levell to the said Andro his mayne coale upon the conditiouus 

P- 411. therein exprest, and the said Laird is obliged to grant to the said Andro 

and his partner ane nynteene yeers tack of his coale, conforme quherunto 
the said Andro performed a part [of] the work and thereafter relinquished 
the same ; and, as he might have used executioun of the law against the 
said Andro for returning to his work, so might he be veritie of the said 
contract lawfullie receave him when he returned willinglie, otherwise 
he should susteane great prejudice and his coale become improfitable, 
seing he is tyed be the said contract to suffer no other coilyear to breake 
coale in his coalheuche till the said levell be wrought, quhilk is not done ; 
and in this respect the said Andro, being bound to the said Laird of 
Fordell as his tacksman, he could not be burdenned with deliverie of him, 
not being his coilyear but tacksman of his coale, as said is." To this the 
Earl replied that their Lordships were competent judges, and had on 9th 
February, 1642, given their decree in a similar case at the instance of 
Sir William Scot of Clerkiutoun against one John Furd for delivery of 
David Leggat, his collier, and payment of the penalty of £100 in case of 
failure; and as for the said contract, though he were the Laird of 
Fordeirs tacksman, yet being the Earl's hired collier and having served 

p. 412. at his coal in the Mures of Dumfermline for the past two years and then 

gone away without a testimonial, he lawfully might require him back. 
Besides the act of Parliament extends only to colliers that are ^'fied,'' 
and though the said Andro were Fordell's tacksman, he was not his 
" fied " servant, and therefore he had no right to retain him from the 
Earl whose " fied " servant he was for two years, and also being 
so more than year and day unchallenged. The Lords, after hearing and 
advising, find themselves judges competent in the said matter and ordain 

p. 413. the said Laird to deliver back the said Andro to the Earl and pay to him 

£100 for each of the times he was requisitioned and refused, extending 
in all to £2000. 



24 REGISTER OF THE COUNCIL. 1644. 

Edinburgh, Sederunt. — Lauderdaill ; Lothian ; Wems ; Finlater ; Angus ; Tester ; Decreta, 

2Ut Augurt Elphinston , Balraerino ; Wauchtune. fw?-S^ber 

1646. 
P. 814. 

Complaint by Complaint by John Layug in the Muredyes, tacksman of the coal of 

thcMuredyes Ormestoun, as follows: — In terms of the act of Parliament anent 

JSdwB^iMfe colliers in 160-6 (mentioned ante, p. 22), he had on 15th and 17th July p. sis. 

Jjp*»t iiJs for last and 19th August instant required Alexander Belseis of that Ilk to 
"-iTetammga rctum to him Adam Jacksoun, his collier, who had removed from his 

Sig*to ^^^^"^ service without a certificate, but he refuses to restore him. The pur- p. 816. 

compiainer. g^ej. compearing by , the said Alexander Belseis also compeared 

and produced an instrument under the hand of William Wallas, notary, 
dated 9 th May last, wherein the said Adam Jacksoun gave over his 
service with the pursuer as being fied from Midsummer, 1648, to Mid- 
summer, 1644. To this it was replied that the renunciation was 
invalid, not being conform to the act of Parliament, as coUiera and 
coalbearers were hired from Yule to Yule. The Lords, after hearing and 
advising, find that the said Adam Jacksoun left the pursuer's service 
without a lawfull testimonial and was received by the defendei'S, who 
thrice refused to return him, and they therefore ordain the defender to 
restore the said Adam Jacksoun to the pursuer and pay also to him 
£300. 

SimiUroom- Similar complaiut by Edward Bruce of Carnock, as follows: — On 2 1st P. 817. 

fedward^Bruce May last James M^'Ih'oy, as his procurator, and on 30 th May and 8 th 

of Carnock. jm^e last, JaiJics RoUock, also as his procurator, made requisition from 
James Spittell, tacksman of the coal of Querrell, and Robert Elphin- 
stoun of Querrell, of James Craiglie, William Wauch and John Wauch, 
servants at his coalheughs of Culross and Kincarne, who within this 
year had run away from his service and been hired by the said James p. 818. 
Spittell and Robert Elphinstoun, and who refuse to restore them. 
Charge having been given to these persons and the three coUiera, and the 
pursuer compearing by Peter Algeo, his procurator, who declared that he P. 819. 
insisted only against the said James Spittell and James [sic] Wauch, the 
said James Spittell also compeared and declared upon oath that he was 
only tacksman of a fourth part of the coal of Querrell and that the said 
John Wauch did not serve him only, so that he could not deliver him. 
The Lords find that the defender hiis incurred the fourth part of the 
penalty decerned in the act of Parliament for every one of four refusals 
made by him to restore the said John, amounting in all to £100, but 
they declare him free of the delivery of the said John. 

Similar com- Similar Complaint by Sir John Prestoun of Valafeild and Sir George P- 320. 

JohnPrUton. Prcstouu, his SOU, as follows : — On 23d August, 1643, John Rannald,as 
their procurator, went to George Logan, tacksman of the coal of Airth, 
and craved delivery of James Imrie, collier, and Christian Penman, his 
spouse, and Margaret Dustan, their servant, coalbearers, who having 
served the complainers at their coal of Valafeild, went away without 
attestation and were hired by the said George, in whose service they 



1644. CHARLES I. 25 

Decreta, presently are, but who refused to restore them though frequently requked 
i^uSctober to do 80. Thereafter these persons were put to the coal of Querrell, 
p^^. whereupon the complainers sent Mr Kobert Prestoun, son to the said 

Sir John, who made the like requisition to the said George Logan as 
pretended t^ksman of a part of the coal of Querrell, James Spittell, 
tacksman of another part, and Eobert Elphinstoun of Querrell, heretor 
of the said coal and having another part in his hand, who also refused to 
restore these pei*sons, as instruments dated 3d May last bear. Charge 
p. 821. having been given to these persons mentioned and the pursuers com- 

pearing by Mr Robert Prestoun, son of the said Sir John, the said James 
Spittell also compeared and dechired that he had only a fourth part of 
the coal of Querrell, and that the persons demanded did not serve him 
only. The Lords find that he has incurred the penalty of the act of 
p. 322. Parliament in respect of not delivery of the three colliers and coal- 

bearers, extending to £74. The said Geoi^e Logane, who did not com- 
pear, the Lords ordaui to have incurred the penalty of £600 for their not 
delivery on two requisitions. 

Complaint by Sir John Achmowtie, sheriff principal of Hadinton, and Complaint by 
George Pringill, his depute; Archibald Douglas, lawful son of the Auchmoutie, 
deceased Sir Arthur Douglas of Whittinghame, Sir Archibald Douglas p^jjjj^'j^j 
of Keillour, his tutor at law, Elizabeth Cranstoun, Lady Stanypeth, his &*ddinfftoD, 
" gud dame " and nearest of kin on the mother's side, as follows : — Zk^gias, ton 
On May last Dame Elizabeth Prestoun, widow of the said Sir Arthur, si^xH^^ 
Agnes Haitlie, her mother, Jean Hepburn, widow of Quhy tfurd R^.*|?* ®' 

of Mylnetoun, Mr Eobert Hay, advocate, Andrew and Robert Hepburne, bame, and 
sons of the deceased Sir Robert Hepburne of Barefute, Patrick TempillDam^ESa^ 
in Quhittinghame, Thomas Stevinsoun, smith in Stentoun, Mr John ^J[^^^Jj"* 
Keith, writer, Jasper Wilsoun, stabler in the Cannogait, and others to "id sir 
the number of twenty persons, aimed with swords and other weapons, otheili^for 
came "before the dawning of the day to the mannour place of Quhit- JjJ^pj^^^*® 
tinghame (quhairof the yetts wer sealed and closed be the said shireffWhitting- 
and his deputs be vertue of a commission direct to make inventar of the seizing the 
p. 823. writts and evidents in the said place and goods and geir being thairin SH^JSn.^ 

from the Lords of Counsell and Sessioun, in regard the shireff could not 
gett accesse to the roumes quhair the chartour kist and diverse of the 
movables wer inclosed, the keyes of the saids roumes being abstracted), 
and in contempt of auctorite and lawes of the countrie clam the wails, 
brake up the doores of the yetts and hous, being sealed and locked, 
entered within the same, medled with the goods, geir, insicht and plen- 
ishing being thairin and with the haill writts and evidents and keepes 
all, with the said Archibald Douglas closse prisoner, suffering nane to 
come neir him, and threattens the said Sir Archibald, his guidschir and 
tutor of law, of his life." Charge having been given to the persons 
above complained upon, and Sir John Auchinmowtie compearing by 
Mr William Oliphant, his procurator, and Archibald Douglas, pupil, 
compearing personally with the said Elizabeth Cranstoun, his grand- 



26 REGISTER OF THE COUNCIL. 1644. 

mother ou the mother's side, Dame Elizabeth Prestoun being alsoDeereta, 
present, the Lords, after hearing parties, sustain this pursuit at the ml!Sctober 
instance of the said sheriff and his depute for the wrong libelled, but ^^^ 
continue the discussing thereof until the judge ordinary decides which 
of the parties has the best right of tutorie. Meanwhile, they ordain 
both parties to remove from the place and house of Whittinghame and 
to deliver the keyes of all the trunks, chests and rooms, before the 
29th instant to the said sheriff, whom they appoint to inventory the 
writs and moveables in the house and seal and close up the same within 
the said house to be forthcoming to the party having best interest. 
Further, the Lords, with consent of both parties, appoint Patrick 
Quhytlaw of that Ilk to uplift the rents and teinds of the lands and 
living of Whittinghame and account for the same to the party having 
right thereto ; and for the present maintenance of the said persons until 
Candlemas next to pay £500 to the said Lady for herself and her two 
children, and the like sum to the said pupil and her sister out of the 
readiest of the rents and teinds uplifted by him. 
p*tn k*"* ^^ Complaint by Sir Thomas Hope of Craighall, his Majesty's Advocate, P. 325. 
Martin in and Patrick Martine in Campsie, as follows : — ^Though the bearing of 
agiS^ Alex, hagbuts and pistols and convocation of the lieges is strictly forbidden 
''^rUonof^"' by law, yet on Slst May last, Alexander Inglis, portioner of Craig 
of Craig M^Kerrauc, "came upon horeback and did pursue the said Patrik 
and otjwre for Martine upon his owne ground of the mures of Craig M^Kerrane, quher 
ro^ry^oAhe ^^® ®^^^ Patrik wes casting turffes, and the said Patrik fearing his 
compiainer's invasiou raunc away from him till he overtooke him, lighted aff his hors 
prope J. ^^^ ^^^^ j^.^ Bword, and the said Patrik having gripped him, he tooke 
his sword frome him and then went away and delivered the sword to 
the said Alexanders owne servant ; and then the said Alexander, having 
a pistoU drew it aff his side, quherupon the compleanner fearing that 
he sould bend his pistoU, entered upon the said Alexander and tooke 
the same from him, quhilk the said Alexander yitt keepes. Lykeas 
upon the day of Junii therafter the said Alexander, accompanied 

with M' Gilbert Stuart, son to the Commissar of Dunkelden, Patrik 
Inglis, fear of Byres, William Hay in Balleid, James Tyrie, litster, burges 
of Perthe, Robert Jack, baxter there, William Leask, burges there, 
Johne Henrysone, baxter there, William Spence, servitour to the said 
Alexander Inglis, George Ritchie in Craig M^Kerran, Androw Mairshell P. 326. 
there, Patrik Davidsone there, Robert Fairlie there, Patrik Coupar there, 
Johne Lawer, servitour to the said M' Gilbert Stuart, Andro Gib, 
maltman in Perth, Alexander Cuninghame, burges there, Harie Drum- 
mond there, Harie Gib in Dunkelden, John M^Kie, burges of Perth, 
Archibald Young and Johne Smith, burgesses there, Robert Clerk, 
skinner, burgess there, and Margaret Oliphant, spous to the said 
Alexander Inglis, to the number of threttie persons or thereby, armed 
most part of them with three or foure shott, long banded staves and 
swords, and convocatioun of his Majesties lieges, came be breake of day 



1644. CHARLES I. 27 

Decreta, {rome Perth to Campsie, six myles distant or therby, and searched for 
ieii^tober the said compleanner throw the whole toun of Campsie, vowing, if they 
^9» could gett him. that he sould not escape their hands, and being dis- 

appointed they went and brake down his folds and searched and sought 
sundrie houses and tooke away eight great oxin and a kow belonging 
to the said compleanner ; thereafter went to the toun of Craig M^Kerrane 
and searched and brake the doores of the houses for the compleanner of 
the same intentioun and tooke away frome him thair nyne great oxin 
and deteanes the same as yilt." Parties being cited and Patrick 
p. 327. Martine compearing personally, and of the defenders Alexander Inglis, 

Andrew Marshell and Kobert Fairhar, who confessed the taking of the 
foresaid goods by virtue of a decreet obtained before the sheriff 
of Perth and his deputes against the said Patrick "for fyftie 
pnnds of fynes imposed upon him for blooding of the said 
Alexander," and 50s. of poynd silver, and that three of the said 
oxen were returned, to which the said Patrick replied that this decreet 
was illegal, " becaus the said Patrick wes cited upon the Sunday to 
compeir on Moonday, being ane unlawfuU day, and sentence givin sixteene 
houres after the charge, against diverse acts of Parliament, and the said 
Patrik decerned guiltie of the wrong howbeit not compeirand, and the 
poynding used before anie charge upon the decreit for payment," the 
Lords remit the reduction of the said decreet to the judge ordinary, and 
ordain the said Alexander Inglis to restore the fifteen head of cattle in 
as good condition as they were taken upon the ground whence they 
were taken, or pay £24 for each of them ; the said Patrick meanwhile 
finding caution to pay the said fine and poind silver if the judge find 
the decreet lawful. 

P. 328. Sederunt: — Lauderdaill, prceses] Eglinton: Cassills; Kingorne ; Edinburgh, 

Angus; Treasurer Depute ; Advocate ; Sir John Smith ; Wauchtun. y^j, 1644. "* 

The Lords, having heard the Laird of Wedderlie on behalf of Archibald The tciuds of 
Douglas of Whittinghame, and Dame Margaret Preston, Lady Quhitting- hame."^ 
hame, for herself, anent the leading of the teinds of the mains and lands Seeanr«,p.26. 
of Quhittinghame this year, with consent of both parties, ordain the 
said teinds to be uplifted and led by the same persons and to the same 
bams who dealt with them last year, and who shall answer therefor to 
the person found to have best right thereto. 

Aeu, Novom- Sederunt : — Eglinton ; Glencarne ; Cassills ; Kingorne ; Lauder- Edinburgh, 

Octob«riM4. daill ; Balmerino; Treasurer Depute; Wauchtun; Sir John 1544^*^**^^'^ 

Fol.ia8,m. ^^^Yi. 



*' The Lords of his Majesties Privie Counsell, taking to their consideratioun sitting of 
the present condition of affaires of this kingdome and the necessarie atten- ^^n^!^/. 
dance and service of manie of his Majesties good subjects in the armeis now f»»®^ *>" ^^^ 



28 



REGISTEK OF THE COUNCIL 



1644. 



8th of January leveyed for the defence of religion and saifetie of the kingdom so as Acta, Novem- 
"***• they cannot goodlie attend their civill processes in law, have therefore October 1646. 

thought fitt, and accordinglie continues the doun sitting of the Sessioun ^^^ ^^» ^ 
till the eight day of Januar nixtocome, and ordains heralds and purse- 
vants to pas to the mercat croce of Edinburgh and others places neid- 
full, and there be opin proclamatioun to make intimatioun heirof that 
none of his Majesties good subjects nor members of the CoUedge of 
Justice pretend ignorance of the same." 

" Forsamekle as there is great prejudice like to fall out to the lieges 
in the course of justice throw the not nominatioun of the shireffs, 
Stuarts and bailleis for the yeere to come, who ar at his Majesties 
dispositioun, for remeid quherof the Lords of Privie Counsell doe 
therefore ordaine letters to be direct to command and charge the 
shirefTs, stuarts and bailleis at his Majesteis nomination who served the 
yeere before to proceed and goe on in the executioun and discharge of 
their severall offices conforme to the tenor of their several! commissiouns, 
and accordinglie to minister justice to the lieges and to doe everie thing 
incumbent to their places and offices ay and quhill further order be tane 
anent the saids offices, as they will be answerable upon their highest 
charge and perrelL" 



Sheriffii, 
Stewarts, and 
bailies to 
contiaiie in 
their offices 
tiU they 
receive further 
orders. 



Edinburgh, 
2nd October 
1644 



[Sederunt as recorded above, adding Angus, and omitting the Treasurer 

Depute.] 



Supplication 
bv Mai^aret 
Young, 

prisoner in the 
tolbooth of 
Dysart, on a 
charge of 
witchcraft, 
that she may 
be freed from 
ward as no one 
has appeared 
to accuse her. 



Complaint by 
Mr. John 
Veitch, 
minister at 
Roberton, in 
name of the 



Supplication by Margaret Young, spouse to William Moresone, merchant 
burgess of Dysert, as follows : — She is a prisoner in the tolbooth of 
Dysert on a charge of being a consulter in witchcraft, having been 
accused most wrongfully by " some malicious persons who wer brunt 
out of splene and invy," and she has now " lyin most miserablie ther 
ten weekes bygane albeit she is ane honest young woman of good P. S29. 
reputation without anie scandall or blott and never knew nothing of that 
is putt to her charge, nor never wes art and part of none of that sort, 
as is notourlie knowne to hir nighbours." She citi^d the bailies and 
ministers of Dysert before their Lordships on 11th September last for 
her release, when Mr. James Wilson, one of the said ministers, com- 
peared in their name and craved a- continuation of the case for twenty 
days to see if any accusation would be given in against the supplicant. 
None has been given in, and she therefore craves warrant for her release. 
The Lords, in respect of the non* appearance of the said bailies and 
ministers, ordain the bailies to liberate her, and William Moresone, 
her husband, became cautioner in 500 merks to exhibit her whenever 
he shall be required. 

Complaint by Mr John Veitch, minister at Robertoun, present mode- 
rator of the presbytery of Lanerk, and Mr John Weir, minister at Car- 
louk, who was moderator at the time of the committing of the insolencies P. 829. 
after mentioned, for themselves and in name of the whole brethren of 



Decreta, 

November 

1641-October 

1646. 

P. 828. 



1644. CHAELES I. 29 

Decreta, the presbytery, as follows: — "The perturbing of kirks or raising of presbytery of 
iM^Sctober t^Ljes in kirks or kirk yairds " is strictly prohibited by law, especially agiSit'Daine 
p^ by the 27th act of the 11th Parliament of the late King, the persons g™^^^^*""- 

guilty being punishable by the loss of their moveable goods and other- lominrton, 
wise. Now the kirk of Wandell and Lamington, within the said pres- ^lentiy 
bytery, being vacant by the death of Mr James Baillie, the late incum- ^"natu>nof 
bent, the complainers were caref uU, according to the duty of their place, JJlJ,^".^'^ 
to see the same filled by an able and qualified man, in which, because of kirk of 
some conflict anent the patronage, they acted by advice of the commis- ^"wfl^deii. 
sioners of the General Assembly, and they proceeded to the trial of Mr 
Andrew M^Gie, "an expectant of good literature and conversation." 
After all the usual trials, which he " performed exactlie with the com- 
pleanners approbation," they purposed "to goe on in the ordinarie 
solemniteis for planting the said kirk," whereupon Dame Grissell Hamil- 
toun, Ladie Lamingtoun (not without the knowledge, as appeares, of Sir 
William Baillie of Lamington, her husband), taking exception heerat and 
grudging that anie thing sould be done heerin without her husbands 
P. 331. consent (as she alledges), and misconceaving that upon the Lords day 

therafter, the day of Februarie hist, the said M' Andro wes to be 

directed be the presbyterie to preach at the said kirk, she resolved in a 
proud and contemptuous way to oppose the presbytereis orders, and for that 
efiTect upon Sunday in the morning or Saturdayat night caused ramforce the 
doores of the kirk with clog stones and others the like materialls, using 
heerin the counsell, concurse and assistance of the persons following, viz.: — 
William M*^Clellan, Johne Forrest, Johne Schankila, Patrik Baillie, Kath- 
arine M^Watt, Thomas Moifett, Andro Mitchell, William and James 
Tennents, Laurence and William Bailleis,Thoma8 Laidla, James and Edward 
Gallowayes, Eobert Currie, William Neilsone, Johne M^Watt, William 
M^Wat, James Baillie, Martine Watt, Bessie Carmichell, Jonnet Forrest, 
Eufame Douglas, Grissell Fisher, Margaret Watt, Christiane BailIie,Grissell 
Watsone, Margaret Patersone. Marion Baillie, Bessie and Grissell 
M^^atts, Jonnet Weir, Margaret and Katharine Bailleis and Jonnet 
Schankila, who by this insolent caris^e debarred the people from accesse 
to the kirk and internipted the performance of divine service that day, 
to the offence of God and scandall of the Christiane profession. Lykeas 
upon the tent of Marche last, being the Lords day, M' George Bennet, 
minister at Caquhan, and the said M*" Andro M^Gie, by speciall warrant 
of the said presbyterie being appointed to come to the said kirk to 
preach and intimat the said presbytereis ordinances, the said ladie 
resolved to oppose the same, and for that effect came airlie in the 
morning, accompanied with the persons foresaids for the most part and 
P. 382. the foresaids weomen, and planted themselves about the pulpit, the said 

ladie being covered with a plaid, so as the ministers after they had beene 
at the place of Lamingtoun to acquaint her with this bussines, and not 
finding her there, came to the kirk and could not disceme her, but manie 
weomen about the pulpit quherof ane Katharine M^Watt went in to the 



30 REGISTER OF THE COUNCIL. 1644. 

pulpit, and the saids layed hands upou the said M' Audro, sup- Decreta, 

posing he wes to preach first. And the said M' George, having wiselie iMi-OcSber 
and discreitlie reproved their miscariage and compesced the tumult, he ^^^ 
went to sermon, which being ended, he intimat that the presbyterie, 
upon lawfull and exact tryell of the said M' Andro his abiliteis, had 
sent him there to preach, that, being heard, if they had anie lawfull ex- 
ceptions against him they sould shew the same, if not, that the presby- 
terie would goe on, withall declaring that his preaching there wes not to 
establish him minister, and exhorted them to a reverent and quiet 
behaviour, other wayes they could not eshew condigne censure ; and in 
the midds of his exhortatioun the said Johne Forrest interrupted him ; 
and, when as he came down from the pulpit, the saids ladie, Katharine 
M^Quhat, and Jonnet Baillie went up to the pulpit, and the said ladie 
cryed, * Heir am I, who darre take me out ' ? And the said M' Andro, 
minting to goe to preach, the weomen violentlie stayed him. Where- 
upon he declared he wes come there by appointment of the presbyterie 
and in their name craved libertie to preach thrise, but wes ansuered be P. 388. 
the said ladie that he sould not come there, saying that, ' Howbeit yow 
be compared to a dog, yow sail not bark heir.' As also the said M' 
Andro, desiring to know if there wer anie men who opposed him, and 
some beginning to speak, the said ladie interrupted them ; and all this 
time the said Johne Shankila had his hands in the guards of his sword, 
and the said Johne Forrest behaved himselfe most insolentlie. And after 
dinner the said M*" Andro, having discreitlie and modestlie urged the 
ladie to give way to the ordinance of the presbyterie and suffer him to 
preach, she declared he had no calling to come there, and wes too bold 
to come without the Laird of Lamingtouns leave ; and she stayed be 
the space of foure or fyve houres in the pulpit, refusing in anie 
sort to permitt the said M' Andro to preache.'' Charge having 
been given to the persons complained upon to compear and underlie 
the censure of the Council, and find caution not to do the like again, 
and also to the husbands to find caution for their wives and children, p. 884. 
and the pursuers compearing by Mr William Somervell, elder, and Mr 
Alexander Livingstoun, two of their number, sufficiently instructed and 
authorised by commission, dated 25th September last, which they pro- 
duced, but the defenders not compearing, the Lords, after the examina- 
tion of certain witnesses, find and declare " that the said Ladie Lamingtoun, 
Jonnet Baillie and Katharine M^Watt went up to the pulpit the time 
libelled and stopped the said M' Andro M^ie to preach, against the 
warrant and ordinance of the said presbyterie, and that the said ladie, 
when she was in pulpit said, ' I am heir, I would see who darre take 
me out,' and said also to the said Andrew M^'Gie, *Your brother 
called yow a dog, but yow shall not bark heir this day,' and that she 
would not suffer him to preach ; and that the saids William M^Clellan, 
Johne Forrest, Johne Shankila, Patrik Baillie, William and James Ten- 
nents, Bessie Carmichell and Jonnet Forrest, with diverse others, con- 



1644. CHAELES I. 31 

Decretih veeiined themselves together in a rude way in the kirk out of thair 
^^"^^J^j^, owne seats to oppose the orders of the presbyterie ; and that thereby 
Jf^ they have committed a verie great insolence of dangerous and evill 

exemple." The Lords therefore ordain all these persons to be charged 
to enter in ward within the Lolbooth of Edinburgh, and the Laird of 
Lamingtoun to enter his lady, and the husbands of the other two 
women their wives within six days, on pain of i*ebellion, until order 
be taken with them. They also ordain the L§ird of Lamingtoun to pay 
£3 Scots to each of the witnesses. 

p. 33«. Sedern^ : — Lauderdaill, prceses ; Craf urd ; Kingorne ; Lanrick ; Edinburgh, 

Angus ; Balmerino ; Treasurer Depute ; Wauchtun ; Sir John ^.^^^^^"^ 
Smith. 

Complaint by Dame Grissell Hamiltoun, spouse to Sir William Baillie Complaint by 
of Lamingtoun, Janet Baillie in , Katherine M^Watt, William M*<^lel- Hamilton,*^ 

lane, John Forrest, Johne Shankilaw. Patrick Baillie, William and James ^i"f®^° ^^ 
Tennent, Bessie Carmichell and Janet Forrest, the said Sir William Baillie of 
Baillie, and the husbands of the other four females mentioned, as against th^' 
follows: — The moderator and remanent brethern of the presbytery of f^]^^^**^^ ^ J^ 
Lanark, upon a decreet obtained against the complainers on 2nd ground that 

^,. / «rti 11 1 tlie patronage 

October instant {ante, p. 28; have caused charge them to enter prisoners of the kirk of 
P. 337. within the tolbooth of Edinburgh under pain of horning, but most JlSonwuTthe 

wrongfully, for their absence and null defence was not of contumacy ^^t«^^jSw 
necessity, seeing that that very day they were by ordinance of the kirk 
appointed to attend the provincial assembly at Air, whereas, could they 
have been present, the defence they had to offer would have doubtless 
stayed the pronouncing of the said decreet. Meanwhile, the presbytery 
of Biggar has been erected to which the kirk of Lamingtoun belongs, and 
upon 17th July last, when the presbytery of Biggar met at the said 
kirk of Lamingtoun for visitation thereof, there compeared Mr John 
Veitche, moderatorof the presbytery of Lanark, and, as their commissioner, 
transferred the trial of any offence committed by the complainers against 
them to the presbytery of Biggar, which accepted the same upon them ; 
and to this Lord Angus, being present, was a consenting party. Further, 
the said presbytery of Bi^ar thought fit to delay the business until the 
church was settled, as their act of the above date shows. The matter 
p. 838. ought not, therefore, to have been pursued by the presbytery of Lanark, 

especially as the moderator of the presbytery of Lanark has declared 
that he granted no warrant for raising of the complaint and knew of no 
act for that effect, as an instrument taken thereupon shows. So the 
complainers were in bona fide not to have compeared before the Lords on 
2nd October, seeing the kirk was to be provided in the interim. If 
they had compeared, they would have alleged they did no wrong, seeing 
the said Sir William and his predecessors have been for many years 
patrons of the said kirk and been alone in use to present the minister. 



32 REGISTER OF THE COUNCIL 1644. 

The deceased William Baillie of Lamingtoun, his " grandshir " (great Decreta, 
grandfather), presented Mr James Baillie, the last minister who lately iwuSctober 
deceased, and conform to his right the said Sir William presented to the J?^ 
presbytery Mr John Currie or Mr John Bartnim to be minister there, 
which presentation the said presbytery refused to accept, while they 
accepted one made by Lord Angus of Mr Andrew M^Gie and appointed 
him to preach at the kirk of Lamingtoun. This being done in the 
absence of Sir William Baillie on the public service in England, the 
said Dame Grissell Hamiltoun, his spouse, went in person to the said 
presbytery and made appellation to the next provincial assembly, 
which appellation, containing " most pregnant reasons," the said presby- p. 839. 
tery accepted on 7 th March last, and the matter was discussed at the 
provincial assembly, and referred by them to the General Assembly, 
which again remitted the same to the provincial assembly to meet at Air 
on 2nd October, and they have ordained the said church to be supplied 
by Mr William Young, attendant upon the Earl of Glencanie. Not- 
withstanding of which appeal and process the said Mr Andrew M^'Gie 
came on 10 th March last accompanied by several persons to preach at 
the said kirk without any consent or desire of Sir William, the patron, 
or of the parishioners, and therefore the said Dame Grissell and remanent 
complainers made interruption to his preaching and took instruments 
thereupon, which it was quite competent for them to do in name of 
the said Sir William in his absence, seeing the said Mr Andrew had no 
lawful calling nor warrant from the presbytery, and, even if he had such 
warrant, the same was null starvte appellaiiane. If it be alleged that the 
presbytery proceeded with the trial of the said' Mr Andrew on a recom- 
mendation from the commissioners of the Greneral Assembly, the truth 
is that such recommendation was procured by Lord Angus and some of p. S40. 
the brethern of the said presbytery in the absence of the said Sir William 
in England, before whose return James Baillie, his brother, did supplicate 
the said commissioners and give in reasons why the said Mr Andrew 
M®Gie should not be admitted, whereupon the comnjissioners by their 
act of 15 th February last remitted the matter to the said presbytery 
either to follow out the advice formerly given them, or, if they found 
the difficulties insuperable, to refer the matter to the next provincial 
assembly. This was done, and yet, notwithstanding thereof, the said Mr 
Andrew came to preach. The whole process has been the work of Lord 
Angus, who pretends to be infeft in the barony of Wendell with the 
patronage of the kirks and chaplanries thereof (though his infeftments 
can no way include the kirk of Lamingtoun in which the said Sir William 
and his predecessors for these many years past stand per escpressum infeft), 
but he has never claimed interest to any kirk or benefice within the said 
barony, not did he or his predecessors ever present a minister to the 
kirk of Lamingtoun, but Sir William does not in any way impede his 
presenting any person he pleases to another beneficed kirk or 
chaplanry in Wandell. At the same time Sir William is informed that P. 841. 



1644. CHARLES I. 33 

Decreta, it is not Lord Angus but his brother, Lord James Douglas, who has the 
iMi^Sctobor right to the barony of Wandell. The complainers therefore have done 
i?*£i ^^ wrong in their said interruption, but the said presbytery have 

wronged Sir William in refusing his presentation and accepting that of 
Lord Angus who could show no right thereto. This, if it pass uncen- 
sured, may give occasion to presbyteries at their pleasure to make void 
the rights of patrons at the bare word of any party who pretends to a 
right and has power and credit with the presbytery. And, further, even 
if Lord Angus could have proved his right, in a disputed case of patronage 
p. 342. the law provides six months for dealing with the matter, whereas in this 

case, immediately after the death of the last incumbent, at the desire of 
Lord Angus, the presbytery gave order for the trial and admission 
of the said Andrew M^Gie and would not so much as delay 
the same for fifteen days until Lamington could be advertised 
in England of the state of matters. The case being then 
appealed, the lady was but maintaining her husband's tights in 
his absence. It is the patron's duty *^ defendere ecclesiami ah 
oppressiambns, and there can be no greater oppressioun done then to the 
presbyterie to plant a kirk without consent of the patron and against 
the hearts of patron and parochin ; in the which parish Lamingtoun 
hes his cheefe residence and the most part therof belongs to him in 
propertie and superioritie." In consideration hereof the provincial 
assembly ordained another to supply the place and to take presentation 
from him who shall be found to have best right; for which eflFect 
p. 848. Lamingtoun has long ago raised summons i^ainst the presbytery and all 

others pretending interest. And yet thereafter the presbytery most 
wrongfully and at the instigation of Lord Angus raise this complaint, 
wherein " they show themselves in their usuall maner most partiall, in 
this also that they call the kirk of Lamingtoun the kirk of Wendell and 
Lamingtoun, whereas it never had anie other name nor the kirk of 
Lamingtoun conforme to Lamingtouns ancient infeftments ; and if there 
be anie kirk or benefice belonging to Wendell it is within the baronie 
thereof called Cald chappell." LadyLamingtoun's action was not there- 
fore invasion or troubling of divine service or raising tumult or fray, but 
only the maintenance of her husband's right against those who offered to 
wrong both patron and parish, for those who came with Mr Andrew 
MHrhie and were sent for this purpose by Lord Angus *' did offer in a 
violent maner to lift the said M' Andro M^hie and sett him in over 
p. 344. the pulpit to preach, after the ladie and her tennents had in all sober and 

quyet maner onelie desired them to forbeare the same ; quhilks persons 
nevertheles, in absence of the compleaners, wer receaved witneses against 
them in the said caus, being manifest parteis." The complainers, 
however, have found caution to obey the decreet if it be found they ought 
so to do, and meanwhile crave suspension. Charge having been given 
to Mr. John Weir, minister at Carlouk, Mr John Home, minister at 
Lesmahago, Mr Alexander Livingstoun, minister at Carmichell, Mr 

VOL. VIIL c 



34 REGISTER OF THE COUNCIL 1644. 

William Mortoun, minister at Woostoun, Mr Robert Bimie, minister at Deereta, 
Lanerk, Mr John Veitcb, minister at Robertoun, moderator, Mr Richard ie4i^ctober 
Inglis, minister at Douglas, Mr John Lindsay, minister at Carstairs, Mr. ^^ 
James Douglas, minister at Camwath, Mr William Somervell, minister 
at Pettinane, and Mr John Wilson, minister at Crawfurd, ministers of 
the said presbytery, who compeared by Mr John Weir and Mr. Alex- 
ander Livingston, but did not produce the decreet and letters of horning 
foresaid, in respect thereof the Lords grant suspension as craved until p. 345. 
these are produced and the parties lawfully warned. 
Letters of This day John Edgar of Wedderlie compeared as procurator for Sir John 

agahisf Dame Achiumoutic, sheriff of Hadinton, and producing a copy of letters of 
Pr^toL***Lad fl^sp^^sio^ ^^ ^^^ instance of Dame Elizabeth Preston, Lady Quhitting- 
whittiii- hame, wherftby Sir John was charged to compear this dayj and produce 
suspended. ^ his letters of horning against the said lady for her removal from the 
house and place of Quhittinghame and delivery of all the keys, trunks 
and chests being therein to the said sheriff, protested that, as the said 
lady had not appeared to insist in this suspension, the homing might 
proceed to further execution. The Lords admit the protestation. 

Ko^^fmber E^o ^ecord of Sederunt.] p. 806. 

1644. 

Complaint by Complaint by Sir John Scot of Scotstarvet, Director of Chancery, asE^o'^tf 
ors<^t8tar^t, follows : — In right of his office he is the only writer of all patents and Register.] 
Chan'^nr**' writs passing his Majesty's great seal and no one has ever heretofore 
against John presumed to encroach thereupon, yet John Peter, writer, and several 
for encroach-' others " have attempted and still intends to write immediatlie to the 
duties o?the ^aid great scale, so that by their ignorance and informalitie in wryttings 
cOTipiainer's (quhcrof some ar sent out of the countrie) the dignitie of this kingdom 
is much impaired and the said Sir Johne his office much prejudged." 
Charge having been given to the said John Peter, and both parties com- 
pearing and having been heard, the Lords discharge the said John Peter 
'' to usurp to write anie patent or other writt that passeth the great 
scale without warrant of the said Sir John Scot" 

mh i?oTem- Sederunt : — Lauderdaill, presses ; Crafurd ; Morton ; Eglintoun ; Acta, Norem. 

ber]644. CassiUs ; Dunfcrmlinc ; Dalhousie ; Lanrick ; Tester; Elphin- October 1646. 

stou ; Balmerino ; Burlie ; Balcarres ; Advocate ; Treasurer 

Depute ; Wauchtun ; Dundas. 

[No record of business.] 

Edinburgh, Sederunt : — Crafurd Lindsey ; Cassills ; Lauderdaill ; Angus ; Deereta, 

i2thNoYem. Elphinstoun ; Balmerino; Burlie; Balcarres; Advocate ;fMi-o^ber 

Treasurer Depute ; Wauchtun. ^^ 



p. 846. 



Dame Grisseii In the action of suspension raised by Dame Grissell Hamiltoun, spouse 
^uMto Sir of Sir William Baillie of Lamingtoun, and others against the presbytery 
HamUtonof ^^ Lanerk (as formerly narrated, p. 31), the cause being continued from 



p. 865. 



1644. CHARLES L 35 

Decwu, 23rd October last, and the chargers having now caused warn the suspenders Lamington, to 
iMUOcidber ^0 Compear on 7 th November instant, the former compeared by Mr^^fn the 
rIm. Robert M^Bimie, Mr James Douglas and Mr Robert Inglis, three of *^^^^' 

their number, together with Lord Angus for his interest, who produced and to iwg^a 
the decreet and letters of homing, and the suspenders being also present, merks to the 
produced the letters of suspension. The Lords, having heard parties, ^^^^ *^' 
ordained ante omnia the said Lady Lamingtoun and remanent persons 
against whom decree was given to enter into ward within the tolbooth 
of Edinburgh conform to the decree ; which these persons then did ; and 
the Lords continued the further hearing until this day. Parties again 
compearing, Lord and Lady Lamingtoun produced " ane eik to their 
suspensioun bearing that, quher it is alledged that they did ramforce the 
doores of the kirk mth clog stones and other materialls, they are con- 
fident no such thing is provin, being false, becaus diverse Sundayes 
before the alleged ryot the kirk doores being without lock or slott, the 
beddell to save the kirk from violence putt some stones to the back 
p. seo. of the doore to hold the same to till time of divine service. And 

whereas it is libelled that the Ladie Lamingtoun sould have spokin 
thir words to M' Andro M«Gie, ' Howbeit ye be compared to a dog, yee 
sail not bark heir', the truth is that M' George Bennett, who had 
preadied in the forenoon compared ministers to dogs, the people to 
sheepe and the devill to ane foxe; quhilk comparison she did onelie 
apply^ to the said M' Andro in thir termes, * If yee be compared 
to a dog, yow ar not our dog, nor we your sheep'; in the quhilk 
applicatioun she did no wrong. And anent hir going to the pulpit she 
did no wrong, for thereby she prevented further inconveniences that 
might have followed frome the people in caise the said M' Andro had 
entered the same. And, farther, the time of giving the said decreet 
there wes not a quorum of Counsell present without Lord Angus, who 
refused to declyne himself as not being partie, and yitt, if he had beene 
declynned, the said decreet would not have beene given furth against the 
suspenders; and now sensyne he hes compeired at the bar with the 
chargers {gainst them,- and the haill summounds and letters ar raised and 
execut upon his expenses and be his servants and agents, and from the 
beginning he hes givin advice and counsell therintill against the 
suspenders, and namelie, the ladie, being his neir kinswoman." All 
which being considered by the Lords of Privy Council, they find it 
incumbent to consider the reasons of suspension without prejudice 
p. 8S1. to either party's right, which, having done " with great advice and 

deliberatioun," they find that the decreet given by them against the 
Lady Lamingtoun and other suspenders was lawfully given notwith- 
standing the reasons foresaid, and the letters of homing thereupon 
accordingly valid. The said Lady Lamingtoun and remanent suspenders 
are therefore to remain in prison until the Laird of Lamingtoun make 
payment of 1000 merks to the presbytery as a fine imposed upon his 
lady for the riot foresaid " to be bestowed be the said ladie " [sic. L 



36 REGISTEK OF THE COUNCIL. 1644. 

presbytery] for their own expenses in this matter and pious use&Deoreta, 
This judgment is to be without prejudice to the right of parties. Further, i^i!.octobcr 
the said Laird of Lamingtoun is to become cautioner in 3000 merks that^^||j^ 
neither he nor any under his control will hinder the said Mr Andrew 
M°6ie from preaching once at the said kirk, if he shall come to do so by 
warrant of such as have power to send him for that effect. The Laird 
of Lamingtoun, being personally present, consigned the said sum of 
1000 merks in the clerk's hands, and enacted himself as aforesaid, 
whereupon the Lords suspend the decreet and homing simpliciter and 
direct the said money to be given up to the said presbytery upon 
a sufficent acquittance. 
Supplication Supplication by Archibald Douglas of Whittinghame, as follows : — P. 862. 
iJoQgias^of Twelve months ago his father died in France, and since then, on account 
hamo*that ^' * dispute between his grandfather and stepmother for the tutory, 
some person there has been no course taken for managing his estate or keeping the 
to tai^care of housc of Whittinghame, " quhilk is now like to tume ruinous and the 
upwt w2 *°^ tenants unable to pay his rents." Unless their Lordships deal with the 
rents. matter it is not likely to be decided in haste, and therefore he craves 

that they would appoint some person to take care of his house and 
uplift his rents. The Lords, having heard Lady Whittinghame, who 
was present, appoint Mr James Sydserfe of Rouchla, and, if he refuse, 
William Dickson in Beill, to keep the said house, and intromit with the 
teinds and rents of the lands for this crop, and out of the same to pay 
the lady £500 for her entertainment till Candlemas next and £500 for 
the maintenance of the young laird in terms of their decreet of 2l8t 
August last. He is also to repair the said house and keep it water- 
tight, making it and the rents forthcoming to whomsoever shall be 
found to have best right thereto. For this effect the Lords ordain 
the sheriff of Hadintoun to deliver the keys of the place 
and houses of Quhittinghame to the said Mr James Sydserfe or, 
failing him, to William Dickson, and they also ordain the tenants and 
possessors of the teinds and rents to make payment to them. 
SuppUcation Supplication by Archibald Walker, Alexander«Gudalie, and William p. 863. 
^J^aiker and Lawsou, sailors in Leith, now prisoners " with the mercilesse Turkes at 
S?Leith*and ^^6^^," as follows : — They have been prisoners there for the past three 
nowpriiners years, "suffering all indigniteis and cruelteis that by savage barbarians 
sTrecCTmmen^' cau be inflicted upon them ; and all for their Christiane professioun, 
coSion^o?^ which, as it hes borne them throw hithertills by the secreit strenth of 
their ransom. Gods mercifuU hand, so they ar assured that their particular sufferings 
being knowne would move all Christiane hearts to contribut for their 
ransoun, least their weaknesse being overcome by their unsupportable 
and longsome sufferings they sail succumb and yeeld to their godlcsse 
desires." They crave their Lordships* recommendation ; and the Lords, 
*' commiserating the deplorable conditioun of the supplicants," recommend 
the same to all noblemen and gentlemen, magistrates of burghs and 
towns and others to burgh and land and to all presbyteries, synods and 



1644. CHARLES I. 37 

Decreta, sesstons of kirks within the bounds of Edinburgh, Hadintoun, Lithgow, 
i^i^Sctober Pebles and Roxburgh, who are requested to deliver their charitable 
p^ 363. contributions to such as the kirk session of Leith shall appoint to receive 

them. 

P. 3«4. Sederunt : — Craf urd ; Glencarne ; Cassills ; Lauderdaill ; Bal- Edinburgh, 

merino ; Burlie ; Balcarres ; Advocate ; Treasurer Depute. ber 16^^*" 

Complaint by Margaret Thomsoun, spouse to Archibald Gray in Compiaiiit by 
Calder, as follows : — "About tuentie dayes since she conveenned the Tutor ^^JS^t 
of Calder and minister thereof before the Lords of Privie Counsell forJKjWbaUi 
their cruell dealing i^ainst her in waking her the space of tuentie dayes Grav in 
naiked and having nothing on her but a sack cloth," and they were Jainst the 
appointed to compear this day and produce such evidence as they had ^id*er^ind 
against her for the crime of witchcraft for which she is most unjustly ^^ minwter 
challenged. Since then " she has beene layed in the stocks and keeped have accused 
in great miserie, separat from all companie and worldlie conf ort and can c^t and**^^ 
see no end of her miserie by (except) lawfull tryelL" Charge having Jjf^'^^^^J^®' 
been given to the defender to compear and undergo their punish- cruelty, 
ment " for tormenting the compleanner without warrant," and see her 
liberated, and the pursuer compearing by her husband, and the defenders 
also being present, the Lords, after hearing parties, ordain the pursuer 
to be put to liberty on finding caution to compear before the Justice on 
lawful citation, under the penalty of 500 merks. 
P. 365. Supplication by the provost and bailies of Air, as follows : — In thesupniication 

particular Convention of Burghs held at Edinbui^h, on 28 th August ^teeVipAyr 
last, it was thought fitting that the supplicants should obtain from their J^^^^^^^^^j^^ 
Lordships an impost of 4s. Scots for each ton upon all ships entering repair of the 
their harbour, for the repairing of the same and bulwark thereof toThmg^'^ 
nineteen years. Without this their harbour cannot be upheld, and they 
crave accordingly ; and also a renewal of the impost formerly granted to 
them upon all goods passing their bridge to their market. The Lords, 
having seen the act of the Convention, grant their warrant as craved. 

p. 3«6. Sederunt : — ^Argile ; Crafurd ; Cassills ; Lothian ; Balhousie ; Bal- Bdinbuiigh, 

merino ; Burlie ; Clerk Eegister ; Sheriff of Teviotdaill. 1646. ^ 

{SU I. 1644.) 

p. 367. Supplication by Sir Kobert Colvill of Cleish, Mr Alexander Colvill, SuwUcation V 

Justice Depute, Murrey, Commissary of Stirling, and Archibald cJivUie of 

Mercer, bailie of Culros, commissioners appointed by their Lordships for^lJjJj^'JJjjLjj^ 
the criminal trial of Mary Cunningham, prisoner in the tolbooth of ted to try 
Culros, for witchcraft, adultery and incest, as follows: — ^They held ahiun^incSroM 
court on 28th August last for the said trial, " but in regard of manie ^^*'^*' 
defences givin in be M' David Williamsone, her advocat, quhilks could ^^^Tl^ 
not be answered be the procurator fiscall, who had no skill of law, as Lord Advocate, 
also of the contingencie of manie of the judges to the said Marie so as 



18- 



/ 



38 REGISTER OF THE COUNCIL. 1644. 

they could not warrantablie sitt upon her tryell, the supplicants thought Deenta, 
fitt to forbeare anie farther proceeding and judge it more saife that this i^i^tober 
trjell be at the instance of his Majesties Advocat befor the Justice in ^^ 
the tolbuith of Edinburgh." They crave accordingly and that order be 
given for transporting of the said Mary. The Lords, having read a 
letter from the commissioners and also heard Mr Alexander Colvill, 
ordain the bailies of Culros to bring over the said Marie and enter her 
in the tolbooth of the Cannogait, and they also ordain the bailies of the 
Canongait to keep her therein until some course be taken for her trial. 
Complaint by Complaint by William Rig of Carbarrie, Robert Mure in Inneresk, P. 868. 
CM-berry Alexander Murdo, collier, and Janet Richardsone, his coalbearer, as 
Sr^john follows : — ^Thc Said William Rig was served heir male to the late Laird 
Wauchope of of Carbarrie and infef t in his lands, but the whole being liferented by 

Niddnefor . ,..,,, , - . . t . . . ,i i 

assault and the rcuct he had no part thereof free for his maintenance save the coal 
taking posses- ^f Carbarrie, and he therefore gave order to the said Alexander Murdo 
" m Uiiner's *^^ ^^ coal bearer to enter upon and work the said coal of which his 
coaihoach. predecessor died in possession. '* Whereat Sir Johne Wauchop of Niddrie, 
having conceaved ane unjust indignatioun, with a resolutioun against 
order to possesse himselfe in the said coale without anie right, at least 
upon ane unwarrantable and pretended writt drawin from the com- 
pleanners predecessor at the point of death when his whole witts and 
senses wer gone, not being able to subscribe himselfe without one 
leading his hand, the said Sir Johne, for this purpose, upon the day 
of November last, sent tuo coalhewers to the said coalpott of Carbarrie 
and caused them hoch and cutt the stonps thereof, thereby to make 
them unprofitable to the compleanner, to his undoing and prejudice of 
the countrie people who had the benefit of the said coale. Quherupon 
the compleanner came upon the day of the said moneth with a 
notar and witnesses in sober maner and made civill interruption ; and 
upon the 12 of the said moneth entered a coalzier and coalbearer to rin 
a myne in the said coale and so to putt himselfe in possession of his 
right. Quherof the said Sir Johne being informed, he, accompanied 
with William Wauchop, his brother, Michell Tumbull, William Pater- 
sone, James Reid, gairdner, John and William Knoxes, George Cluny, 
Andro Rammage, William Johnstoun, Johne Dicksoun, Johne Clerk, P. 869. 
came with swords, banded stalffes and others weapons invasive in a 
hostile maner upon the 13 of November to the mouth of the coal myne, 
and the said Sir Johne pursued the said Robert Mure with a drawin 
sword and had killed him therewith if he had not hardlie escaped, 
stood with his said sword drawin in his hand till the persons foresaids 
digged up the mouth of the coale with timber and earth and inclosed 
the said Alexander Murdo and his coalbearer, intending to smore them 
and they wer forced to creip throw the coal pott a great way where 
they had beene almost drowned with water and sufTocat with paddocks 
and the like till with great hazard he wrought himselfe out another 
way." Charge having been given to the persons named, and the 



1644. CHARLES I. 39 

Decreta, puTSuers Compearing, as also the said Sir John Wauchop, James Beid, 

?(^*^Oeiober ^^^^ ^^^ William Knox, Greorge Cluny, Andrew Bammage, William 

1^309 Johnstonn and John Dicksoun, probation was referred to the oaths of 

the defenders, and they denying the riot the Lords assoilzie them, and 

remit the discussing of the right to the coal to the judge ordinary. 

P. 870. Sederunt: — Argile; Craufurd; Cassills ; Lauderdaill; Dalhousie ; Edinburgh, 

Balmerino; BurUe; Clerk Begister; Sir John Smith. mh December 

"Forsamekle as the Lords of Frivie Counsell hes ordained Marie Mary Cunning. 
Cuninghame, who hes .beene long prisouner in the tolbuith of CulroSaccuie?of" 
for diverse crimes, to be transported be the bailleis of the said burgh to ^^^J^™^^ ^ 
the tolbuith of the Cannogait there to remaine till she be tryed for the expenses of 
saids crimes, the Lords of Secreit Counsell doe therefore ordaine the the toibooUi of 
said Marie to pay the expenses the toun hes been at in keeping her in ^r'utmnoit' 
prison or bringing her to Edinburgh." to Edinburgh. 

This day compeared James Peitt in Ballachie and producing copy ©f ^•***^»P;^; 
a summons at the instance of William Williamsone, burgess of Abei- BtOiMhie?^^ ^^ 
nethie, in which he is charged with taking away some com, protested in 
respect of Williamson's absence that the complaint against him should 
not be proceeded with until he were cited of new and his expenses paid. 
The Lords admit the protest. 

SederwnJt: — Crafurd; Cassills; Dalhousie; Lanrick; Balmerino ; Edinburgh, 
Burlie ; Treasurer Depute ; Advocate ; Sir John Smith. i2to December 

Complaint by John, Lord Barganie, and Adam Quhytfurd, his servant. Complaint by 
as follows : — ^Thomas Kennedie, sometime of Bargany, and Thomas and B^ll^^'l^nd 
William, his sons, have conceived a deadly hatred against the said i^^uj ***' 
lord, and are resolved to have his life ; and they have not only conspired lenrBnt, 
among themselves for this effect, but also on several occasions " gave ^^^^^ 
presumptions of this their resolutioun." The said Thomas Kennedie on ^"JJ^t^^j ^f 
November last sought the loan of a gun from Mr Alexander Younger Bargany, and 
at the Mill of Aird, and publicly said '' he had a doller and would LsaniL ^ 
bestow a merks worth of poulder and lead upon the best of them before 
they past Bennenhill, quhilk is the said lord his hieway home to 
Bargany." On the forenoon of the following day the said Thomas 
Kennedy, elder, being in conference with the said lord, among other 
things said " his eldest sone had nothing to lose but his life." And 
that afternoon the said Thomas Kennedy, elder, came to the place of 
Ardstlnfell belonging to the said lord, who was there for the time 
attended by *' his said servant Adam Quhytfurd, and, er ever the said 
p. S71. Adame wes awar, strake him above the right pape with a knife a deepe and 

dangerous wound to the hazard of his life ; of the quhilk hurt the saids 
tua sonnes being informed and grudging that the stroke wes not givin 
to the said lord, said to their father, ' What ailed you at Adame Whyt- 



40 



REGISTER OF THE COUNCIL. 



1644. 



Sir Williani 
Dick of 
Braid to pay 
lOs. Scots 
daily for the 
maintenance 
of George ' 
Aitkeu of 



furd V and he replied, cursing his younger son William as the author Deereta, 
of all. Quhilk being ane bold and dangerous plott and attempt against i^^!!o^ber 
one of the members of Parliament deserves exemplarie censure and^^^- 
punishment." Both parties compearing and probation being referred to p. 872. 
the defenders' oaths, the said Thomas Kennedie, elder, confessed the 
striking of the said Adam Quhytfurd with a knife, for which the Lords 
fine him 1000 merks, and ordain him to be warded in the tol booth of 
Edinburgh until he pay the same and further course be taken with him. 
The Lords, having heard and considered the complaint by George 
Aitkin of Underedge against Sir William Dick of Braid and William 
Dick, his son, for keeping him in ward in starvation while they possess 
all his estate, and having also heard the said George and Mr Alexander 
Dick, who compeared for the defenders, who declared that they would 
Underedge in rather grant maintenance to the said Greorge than consent to his being 
liberated, the Lords modify the sum of 10s. Scots to be paid by them 
to him daily. 
Complaint by Complaint by William M^Lymont, elder and younger, in Colquhoun- p. 873. 
M'LjTmont, stouu, and Thomas M^Kemeth at Bandismilne, as follows : — John Boy 11, 
^^ouiJ^f son to William Boyll of Dalduff, on May last sett upon the said 
of coTquhouns- Adam M^^Lymont, elder, an aged man of fourscore years, " and with a 
j^es^^yfe, great battoun strake him on the head and had almost killed him ther- 
eon of William ^j^j^ ^j^jj ^ whinger. And upon the day of October last the said 
Johne lay at await under night for the said William M^Lymont, younger, 
as he wes going home and first strake him with a battoun, therafter 
with a whinger brake his arme and bruised his bodie.*' Both parties 
compearing, probation was referred to the defender's oath, who denied 
the charge, and therefore the Lords assoilzie him. 

Counter complaint by Sir Thomas Hope of Craighall, his Majesty's 
j^hn Boyle of Advocate, Johu Boyll of Dal4ufif and Margaret Crafurd, his spouse, as 
Ma^^ M^t**^ follows : — In contravention of the law which prohibits the bearing of 
Crawfurd,hi8 hagbuts and pistols, on 26 th October last John M^Leymont in Cohoun- 
JcSnM^"**' stoun and William M^Leymont, his brother, at the instigation of William 
JJ,^^^^^*^"" M^Leymont, their father, lay in wait under cloud of night for the said p. 874. 
and William John Boyll, as he was coming from Maybole, for the purpose of taking 
his brother, his life, '' and, er ever he wes a war, first the one strake him with a rung 
and then the other, and had not failed to have murdered him wer not 
the nighbours comming by releeved him." Again on the 28th of that 
month the said two brothers, accompanied by William Ord in Machirmoir, 
Thomas M^Kerrell at Bardismilne and William Ord in Maybole, armed 
with muskets, pistols and other weapons, came by way of hamesucken to 
the complainer's dwelling house under cloud of night, and thinking he 
was there, shot in at the glass windows ; and when the said Margaret, 
supposing they had met with her husband, came forth and cried for him, 
they shot thrice at her with their muskets and once with a pistol, and 
had she not entered a stable and closed the doors they had killed her. 
And she being great with child was forced thereafter for fear to remove 



Boylo of 
Dalduff, for 
assault. 



Counter- 



for hame- 
sucken. 



1645. CHAELES I. 41 

Decreta, herself and her family to Kyle and remain there with her friends. Both 
iwi^Oeiober pursuers and defenders compearing, except William M^'Lymont, elder, for 
p?*^4, whom a certificate of inability was produced, the said John Boyll 

declared he would refer the probation of their striking him with batons 

to their oaths, but would prove the rest by witnesses ; and the Lords 
p. 375. having heard both their depositions on oath and the averments of the 

witnesses, who failed to prove anything against the defenders, assoilzie 

the defenders from all points of the charge. 

Sederunt, — ^Lauderdaill ; Perth ; Lothian ; Angus ; Balmerino ; Clerk Edinburgh, 
Eegister; Advocate; Wauchtun; Sir John Smith. md^^''"^^ 

The Lords, having granted commission to Sir James Lockhart of Lee, Jean Lauchian v^ 
Sir John Dalzell of Newtoun, James Lockhart of Cleghorne, Mr John rondemned fop 
Lockhart of Heids, James Cunninghame of Bonytoun and the baillies of ^*^****"^*- 
Lanerk, or any three of them, for the trial by assise of Jean Lauchlane in 
the parish of for witchcraft, with instructions to report before 

p. 37a sentence, and, having now seen the process of her conviction in a court 

held at Lanerk on 31st December, ordain the said commissioners " to 
proceed and doe justice against the said Marion [sic] according to law." 

Complaint by Sir Thomas Hope of Craighall, his Majesty's Advocate,and Complaint by 
by Patrick Hannay, provost, Patrick Cowtran and William Clugstoun, Hanm^y, 
bailies of Wigtoun, as follows : — Although the bearing and shooting of R'^J[' "*^ 
hagbuts and pistols is strictly prohibited by law, yet, on 24th October Cowtran and 
last, John Murdoch, elder, John, William and Thomas Murdoch, hiscin^tcSn, 
sons, Eodger M^Korskie and others, armed with swords, pistols and other ^J|^^^ 
forbidden weapons, " sett upon Johne M^Dowall, one of the counsellors apuut John 
of the said burgh of Wigtoun, as he wes going to his malt kill and eider, and 
fiercelie pursued him of his life, forced him for saifetie therof to take ane ^^/and 

p. 377. hous upon him, quhilk he assured the best he could, but they followed ^"*^P^^® 

and unbesett the hous on all quarters and preassed to breake up the burgh. 
doores ; and, becaus they could not, they stogged in at the windowes 
and doores with their swords and ranne one Marioun Tumour throw 
the gowne and petticoat to the hazard of her life. And the said Johne, 
being envirouned and not finding himselfe sure in the hous, ventured 
out and ranne to a nighbours, they still pursuing him with drawin 
swords, and had not failed to have killed him if the nighbours had not 
releeved him." The provost hearing of this, in the duty of his place 
convened some of the neighbours and went and took the said John 
M^Dowall, brought him to his own house and kept him there for safety 
until he thought his assailants had gone. About 7 o'clock at night he 
went to the house of Alexander M^^Kie, and thither also shortly after- 
wards came the said John M^Dowall. " But the persons foresaids hav- 
ing spyes in all parts of the town, and the said Johne Murdoch, elder, 
being the author of all this disorder, who come to the hie streets with 
ane halbert in his hand and bade them prove men, they made all their 



42 REGISTER OF THE COUNCIL. 1644. 

addresse to the hous of the said Alexander M^Kie under cloud of night, Decrata, 
entered the same with drawin swords and bended pistolls, crying JJ^ii^october 
' Where is the theeves ; lett us have them ; for we vow to God we sail ]^m 
hew them in clowtts.' Quherupon the said provest desired his 
Majesties peace of them, at quhilk they in great fume sett upon the 
said provest and wounded him in the light hand. . And when he 
inquired if they wer seeking his life, the said John Murdoch, youngeri 
answered, * We ar behind with yow, it is onlie yow we would have ' ; 
and still pursued and stogged him through the cloathe, he being without 
armes and unable longer to resist; till at last some ministers of the presby- 
terie who wer supping in another roume came and dealt with the saids 
persons to remove ; quhilk they refused, speciallie the said John Murdo, 
younger, who wes under their censure for double adulterie and had 
sittin in the place of repentance the Sabboth before and wes not yitt 
receaved ; and then the touns people gathered in armes and releeved the 
provest and magistrats, charged the saids persons to enter in waird and 
come f urth, but they refused ; and when the people called for fore- p. 878. 
hammers they receaved in from some of their complices at backe doores 
and windowes masketts, picks, pistolls and halberts and manned the 
hous, crying out they would ken no magistrats, but, if any brake up 
their doores, they sould shoott bulletts in their breasts. And, at lenth, 
being persuaded be the ministers, they entered in a scornfull way in the 
tolbuith, having the said William Clugstoun, baillie, in oompanie with 
them. But after a little space the said John Murdo, younger, brake up 
the doore quher the chartour kist lay; and the baillie opening the 
tolbuith doore to lett furth Thomas Stuart, they threw him over the 
staires and went furth to Johne Murdoch, elder, his hous about tuelffe 
houres at night and shott out at the windowes ten or tuelffe shott. 
Lykeas in August the said Patrik Cowtrane and Johne Murdoch, being 
bailleis, and Jonnet Murdoch, sister to the said Johne, being conveened 
before them for some debts, when as the said Patrik inquired if she wes 
owing anie debts she disgracefuUie called him ' scabbed mouthed lowne' 
and * creished cuUoured swinger.' And he having desired her brother, 
the other baillie, to give him justice, he said he would not for anie 
thing she had spoken. And, when as the baillie come from the court, 
the said Jonnet renewed her speeches, tooke up great, stones and gave 
the baillie diverse strokes therewith ; and, being warded for the same, 
she brake ward and said she would not ly there for anie baillie un- 
hanged. Quhilks ar fearfuU affronts and contempts of auctoritie and 
deserve exemplarie punishment.*' Charge having been given to the 
persons complained upon, and the pursuers compearing, likewise also p. 879. 
the said John Murdoch, elder, and John and Thomas, his sons, who took 
burden for the said Jonet Murdo and Roger M^Korskie, both parties 
submitted this complaint, the examination of witnesses and censure 
thereof to the judgment of Sir John Smith, provost of Edinburgh, and 
the remanent commissioners of burghs presently in town, obliging them- 
selves to abide by their decision without appeal. 



1644. 



CHAKLES I. 



43 



Decreta, 

NoTember 
1641-October 

P. 379. 



Sederunt : — Craufurd 
Balcarres ; Burlie : 



Glencarne ; Perth ; Dalhousie ; Balmerino ; 
Din ; Sir John Smith. 



Edinburgh, 
4th FebnuiT 
1646. 



Supplication by the bailies of Culros, as follows : — Marie Cuning- Anent the 
hame, indweller in their town, was a long time ago committed to ward cann^nghj^ 
within their tolbooth for the crime of witchcraft and other capital crimes j^^J^J***^ 
and commission was granted by their Lordships to the Laird of Cleish, 
Mr Alexander Colvill, Justice Depute, Mr Robert Murrey, Commissary 
of Stirline, and some others, who, having sat and heard the advocates of 
the said Marie, forbore to go on with her trial and caused represent to 
their Lordships that she should be tried before the Justice and his deputes 
p. 380. in the tolbooth of Edinburgh. Thereupon their Lordships ordained the 

supplicants to enter her within the tolbooth of the Cannogait, and that 
the said Marie should pay the charges they had been at before her trans- 
portation. While " she wes providing the charges, some in her name 
keeped up the warrant from the supplicants and compleanned to the 
saids Lords that they would not transport her," and so obtained a warrant 
for her liberation on caution to compear before the Justice. And when 
the supplicants on the first warrant transported her to the Cannogait, they 
were confronted with the posterior warrant and obliged to release her, 
" and now she and her freinds boasts they sail sattle her in the said toun 
in despite of the supplicants. In regard quherof and least so scandalous 
ane offender sould goe unpunished or her impunitie be imputed to 
anie neglect on the supplicants part or that by her returning to the 
said toun anie thing sould fall out by the rage of the people mightilie 
incensed against her," they crave that the Lords would ordain his 
Majesty's Advocate to receive from the supplicants the process deduced 
against the said Marie and raise a criminal action before the Justice 
against her. This the Lords do, and ordain that she may be charged to 
compear on a certain day and her cautioner to produce her. The fol- 
lowing is here entered, "Edinburgh, 2nd January, 1645. The Lords of 
Secreit Counsell ordains the bailleis of Culros to putt Marie Cuning- 
hame to libertie, becaus she hes found caution to appeare quhen she sail 
be required under the pane of a thousand punds. 

Sedencnt : — Balmerino, Prseses; Argile; Cassills; Perth, Rox- Edmbuigh, 
burgh ; Lothiane ; Lanrick ; Yester ; Advocate ; Wauchtune ; JJis/^"^ 
Sir William Douglas. 

" The quhilk day there wes a commissioun past to the Earles of Buc- commi8stoQ 
cleuche and Annandaill against mosse trouppers, who being p^rsonallie J^"jj^°"' 
present accepted the commissioun and gave their oath de fideli adminis- 
tratiane" 

" The Lords of Secreit Counsell declares that, if anie particular person DecUmtion 
sail be interest be the generall designatioun of lands exprest in the*JJ°*||^^. 
commissiouns granted to the Earles of Buccleuch and Annandaill, they "'Won. 



y 



AetA, Norem- 
ber 1641- 
October 1646. 
FoL 104, b. 



44 REGISTER OF THE COUNCIL. 1644. 

sail be heard to pi*opone what they have to say thereanent, and the Acta, Novem. 
Counsell will take course therein as if the commissiouns wer notQ^^^^g^g 
granted." Foi. iw, b. ' 

Next meeting « The nixt meiting of Counsell appointed to be upon Wednisday come 

of Council. ' ^ A 3 I* 

eight dayes. 

Edinburgh. Sederunt: — Mar; Eglintoun; Cassills; Lothian; Wems; Dal- 

7th May 1646. housic ; Laurick ; Angus ; Yester ; Elphinstoun , Balmerino ; 

Advocate ; Justice Clerk ; Treasurer Depute ; Wauchtun ; 

Dundas ; Provost of Edinburgh. 

Warrant to " Ancut the supplicatiouu presented to the Lords of Secreit Counsell 
Bucciouchasabe Francis, Earle of Buccleuch, makand mentioun that quher he hes 
Sw?e«)m.*****PP^^®'^^®^ diverse of the mosse trouppers be virtue of the commis- 
miflKion to try sioun granted be the saids Lords to him for that eflfect, and he is readie 

moss-troopers , , 

in Selkirk and to doc justicc upon them conformo to the tenor of his commissioun, but, 

^^ * in regard it is not exprest in his commissioun that he may sitt upon 

them in Jedburgh or Selkirk, which ar the tuo most convenient parts for 

their tryells, humblie desiring therefore the saids Lords to give power to 

the said Earle and his deputs to judge and try the saids mosse trouppers 

in the saids tolbuiths of Jedburgh or Selkirk, as at mair lenth is con- Foi. 2, a. 

teanned in the said supplicatioun ; quhilk being read, heard and con- 

siddered be the saids Lords and they advised therwith, the Lords of 

Secreit Counsell gives power to the said Earle and his deputs to doe 

justice upon the mosse trouppers he hes alreadie takin within the touns 

of Jedburgh or Selkirk, and ordains the magistrats of these burrowes to 

make their tolbuiths patent to the said Earle and his deputs to that 

purpose." 

Proclamation " Forsamckle as be Act of Parliament the meiting and sitting of 

that^he^ * the Lords of Sessioun wes continued till Junij nixt and the Counsell, 

Session will git^^^^'^K ^^ verie expedient that tymous intimatioun be made to the 

in Bdinbuigh Ueges that the Sessioun is to sit doun then to the efifect they may be 

June next. prepared to attend their causes which ar to be before that judicatorie, 

they doe therefore ordaine and command maissers of Counsell or heralds 

to pas to the mercat croce of Edinburgh and there be opin pro- 

clamatioun to make intimatioun to his Majesties li^es that the Sessioun 

is to meit and sitt doun at Edinburgh upon the third day of Junij 

nixtocome, quherthrow nane pretend ignorance of the same. 

Edinburgh, Sederunt: — Crafurd; Mairshell; Eglintoun; Cassills; Dalhousie ; Decreta, 

7th May 1645. Lanrick ; Yester; Elphinston; Balmerino, prases; Burlie ; f^!™^',^^ 

Clerk Register ; Justice Clerk ; Wauchtoun ; Innes ; Dundas ; i^^ 

Sir John Smith. 

Ma"^^t*^^ Complaint by Margaret Cunninghame, lawful daughter of Harie 
Cunningham, Cunninghamc, portioner of Restalrig, as follows : — She has undoubted 



1644. CHARLES I. 45 

Docreta, right to these ten acres of land in Bestalrig called Feirshill and Three- daughter of 
iwi-o^ber stops, and also to the great mansion house with meddows, holme yards, cumnngham, 
p^^^i ^^^® ^^^ *^^ other dwelling houses all lying within the town and^^^®' 

territory of Restalrig, with parts and pendicles thereof conform to herwainstMr. 
securities and infef tments, and she has been in undisturbed possession Cunningham, 
thereof since 1636, dwelling in the said mansion and other houses, and ^jji^^^j^^jj^^j^ 
tilling and labouring the said lands at her pleasure, until on 9 th March, and o^ew for 
1644, Mr William Cuningham, styled of Ballindallach, Anna Naper, taking posses- 
his spouse, and Agnes Cuningham, his lawful daughter, accompanied by Jo^e aSf 
John Kilgour in Edinburgh, Thomas Johnstoun there and (Jeorge^on|pP8»®' 
M^Michell, servitors to the said Mr William, William Blair, messenger, 
John Malcolm, indweller in Edinburgh, William Kirkwood and Matthew 
Smith, craftsmen, indwellers there, and others, came armed with swords, 
guns, pistols and other invasive weapons, violently broke up the gates 
p. 382. and doors of the said great mansion, barns and other houses, and took 

possession thereof and of the whole plenishing goods, chests, trunks, 
evidents and others therein, and the corn and straw in the bam 
and barnyards, all belonging to the coiuplainer and extending to a con- 
siderable value. Thereafter they threatened and menaced her tenants 
who were mowing her meadows and clad with possession by tacks from 
her, '' and sheared to take their lyffes if they would maw anie more 
nor they had done, quhilks grasse so mowin be the saids tennents and 
away takin be them exceeded not six laids ; and all the rest of the haill 
medowes and grasse wes violentlie intrometted with be the said M' 
William and his saids complices and assisters. And, also, not having 
regard to the Lords day, being the Sabboth day and the tenth of the 
said moneth, the saids persons, at the least the said John Elilgour and 
Thomas Johnstoun, at the command and directioun of the said 
M' William and his spous, dang up a laich seller doore and rave up a 
loft within the said laich seller and wan to the north tour of the 
said mansioun hous the said day and having win in they thereafter neid- 
wailled the inner and utter yetts of the said mansioun hous to debarre 
the compleanner and her servants out thereof, she herselfe being in Edin- 
burgh visiting her father who wes deidlie seik lying in prissoun 
and incarcerat be the said M' William for alledged beiring and wearing of 
gwnnes and pistoUs, and who wes incarcerat there eight dayes before the 
p. 383. said violent ejectioun and oppressioun." Further, on the following day, 

the said M' William with these whole persons came armed to the said 
great mansion house and bam and without any warrant violently " dang 
up the haill doores thereof, entered and possest himselfe therein and 
intrometted with the haill goods, geir, plenishing, comes and crop, 
and the haill sawin comes upon the foresaids lands, quhilk wes all 
laboured and sawin upon the compleanners charges and hes tane the 
haill comes and crop that wes standing in the barn and barnyaird 
for the crop 1643 and hes rivin up and teilled her wheit that she sew 
upon the saids lands this last yeere, and hes made it to be beir land to keep 



46 



REGISTER OF THE COUNCIL 



1644. 



Complaint by 
John White- 
ford of Balloch 
offainat JamAs 
Kennedy, 
sometime of 
Blairquhan, 
and others for 
Tiolentiy 
taking 
posi^ession of 
the manor 
place of 
Blairqnhan, 
which right- 
fully belongs 
to the oom- 
plainer. 



the said compleanner f ra her possession." Charge having been given to Decreta, 
these persons, and the pursuer and defenders compearing except the ie]|i!!octJber 
wife and daughter of the said Mr William, who answered for them, the]>^^ 
Lords, after hearing parties, find that the pursuer was in possession 
of the houses and lands libelled in virtue of a right from her father and 
was unwarrantably dispossessed by the said Mr William and remanent 
defenders, whom they therefore ordain to repossess her before next 
Saturday. They also ordain the said Margaret to enact herself to keep 
this crop of these lands uninjured for the year 1645 and make the same 
forthcoming to whomsoever shall be found to have best right This 
. sentence is to be without prejudice of the rights of either party. 

Complaint by John Quhytfurd of Balloch and Adam Quhytf urd, his 
brother, as follows : — ^The said John has been in possession of that part 
of the barony of Blairquhan within the bailiary of Carrick and of the 
manor place of Blairquhan by virtue of good rights flowing from James 
Kennedie, sometime of Blairquhan, and the deceased James Kennedie, 
his father ; and because the said John dwells in Maybole he gave the 
use of the manor place to his said brother, who with his family have 
been there this long time. '' And the said Johne himselfe, being latelie 
imployed in searching for runawayes, he came upon the fourth of Aprile p. 385. 
last to the said place, his brother being absent, expecting no injurie. 
Notwithstanding quherof it is of truth that the said James Kennedie, 
M** Alexander, Johne, and Hugh Kennedeis, his brether, and Johne 
M^Call, their servant, all boddin in hostile maner, came to the said*, 
place. airlie in the morning and finding William M^Alexander at the 
yett, and understanding by him that the said Adam wes not at home, 
they removed him and Johne Nevein, servant to the said Johne Quhyt- 
furd, to the yett and entered the hous, fearfuUie threatning the said 
Adams wife and her familie with all crueltie till they revealed quher the 
said Johne wes. And so they come to the chamber quher he lay 
threatning to breake up the doores if he did not opin, quhilk he wes 
forced to doe ; and in like maner threatned to take his life and com- 
pelled him to deliver tuo keys of the place, and hardlie could obteane 
libertie to goe away with his life. And they have ramforced the 
doores, shott out the said Adame, his wife and familie, brokin up the 
doores of the office houses, disposed upon the provisioiin, vivers and 
plenishing being therein and upon the bay being without the same, and 
keepes all by ane high hand of oppressioun." Charge having been given to 
these persons, and the pursuer compearing but not the defenders, the 
Lords, after hearing the witnesses produced, find that the said James,p. sseL 
M' Alexander and Hugh Kennedie, and John M^all their servant, 
dispossessed the complainers of the said house of Blairquhan, broke up 
the doors, and disposed of the ** vivers and hay " ; and for this insolence 
they ordain them to be charged to repossess the pursuers in the said 
place, and also to enter themselves as prisoners within the tolbooth of 
Edinburgh within six days and there remain until order be taken with 
them, upon pain of horning. 



1644. CHARLES I. 47 

Decreta, Complaint by Mr Thomas Young of Leny, W.S., and MrCompiMntby 

iwi^ctober Robert Logane, indweller in the Cannogait, a« follows: — The Young o?" 
p^^ deceased Harie Howstoun, litster, burgess of the Cannogait, and the |[j°y[j^-^-» 

complainers as cautioners for him, gave bond to Simon Chalmers, mer- Robert Lo^fan, 
chant burgess of Edinburgh, for 300 merks and £40 of expenses, which t^ec^non^te, 
the said Simon registered in the books of Council and Session and the^^^^"*^" 
complainers long since paid the said principal sum and £4 debursed bym^rc^^"^ 
the said Simon for registration. And yet he will neither deliver the Edinburgh, for 
P. 387. bond nor a discharge, but keeps up the same over their heads i^ainst all l^j^nt^^^t^ 

conscience and equity. Both pursuers and defender compearing, the^°^P^"°*"* 
latter acknowledged **he wes satisfied of this hundreth punds conteanned 
in the band and foure punds of expenses, quherupon the pursuers asked 
instruments." 

Complaint by Sir Thomas Hope of Craighall, his Majesty's complaint by 
Advocate, Mr James King, advocate, Marion Hart, his spouse, ^^jj^^J^'*** 
and David Wright, messenger, as follows: — On 6th February, 1644, the against Robert 
said messenger went to the bam yard of Jean Watson, widow of Hugh Dabdei, sons of 
Elder of Milnedykes, and by virtue of letters of poinding at the instance lairieMor 
of Mr James King and his spouse, poinded certain com there, by drawing ^oroement in 
out a handful out of every one of the said stacks, whereupon Robert and of his office. 
James Dalyell sons of Sir John Dalyell, accompanied by three or four 
score persons armed with halberts, lances, swords and other weapons, set 
p. 888. fiercely upon the said messenger, took the com out of his hands and 

carried it away, thus violently deforceing him in the execution of his 
office so that he was forced to break his wand and give way. Charge 
having been given to these persons and both pursuers and defenders 
compearing, probation was referred to the oaths of the defenders. 
These denied the complaint, and the Lords assoilzie them. 

Acu, Norem- Sederunt : — Balmerino, prseses ; Argile ; Eglintoun ; Glencame ; Stirling, 6th 

October 1646. Dumfcrmline ; Lauderdaill ; Lothiane ; Luirick ; Elphinstoun ; [^f 1. 1645.] 

FoL i<», a. BmVie ; Justice Clerk. 

" Forsamekle as commissioun is granted be the Counsell to the Earle Commission to 
of Buocleuch and his deputs i^inst the mosse trouppers and others Buocieach to 
delinquents therein mentiouned, and the Counsell, finding it verie^"^jjj 
expedient for the good of the service and for publict exemple that Selkirk and 
warrant be given for doing of justice upon such of the delinquents as ^^ ' 
Foi. 105, b. sail be apprehended within some of the royall burrowes of these bounds, 
they doe therefore heirby give warrant and command to the Earle of 
Buccleuch and his deputs to doe justice in Jedburgh or Selkirk upon 
such persons as they sail apprehend be vertue of the said commissioun, 
and that notwithstanding of anie claus conteanned in the commissioun 
restricting the same to the Earle of Buccleuchs owne bounds ; where- 
anent these sail be their warrant'' 



48 



REGISTER OF THE COUNCIL. 



1644. 



Rdinbuiigh. 
16th April 
1646. 



Sederunt : — Craf iird ; Cassills ; Laniick ; Yeflter ; Clerk Begister ; Acta, NoTem^ 



Treasurer 
Smith. 



Depute; Wauchtune; Dundas; Innes; Sir 



Jonnoetoberl646. 
f oL 105, b. 



Earl of Lanark " The Lords of Prfvie Counsell, in respect of the Chancellers absence out 
prudent of of the kingdom in publict imployments in England, doe nominat and 
d^ng^ttie* make choice of William, Earle of Lanrick, to be president of his 
otewice of the Majcstcis CounscU till the nixt sessioun of Parliament or till the 
Chancellers retume to attend the dyets of CounselL" 



Edinburgh, 
16th April 
1646. 



Sederunt: — Lanrick, praeses; Crafurd; Cassills; Yester; Clerk 
Blister ; Treasurer Depute ; Wauchtune ; Innes ; Dundas ; Sir 
John Smith. 



Earl of 
Buccleuch 
continued in 
the Commis- 
sion of 
Justiciary. 



" Forsamekle as the Earle of Buccleuch hes this day presented to the 
Lords of bis Majesteis Privie Counsell tua acts of court keeped be him 
be vertue of the Commissioun of Justitiarie granted be the Counsell of 
the date the ellevent of Januarie, 1645, the one at Jedburgh and the 
other at Selkirk in Junij and November, 1645, and the Counsell having 
read and considdered the same doe find that the said Erie hes beene 
verie carefuU and diligent in the discharge of the said commissioun, and 
doe approve his proceeding therein, and ordains the commissioun to be 
renewed for another year." 

" Intimatioun of the Counsell meitings to be everie 14 dayes." 



Edinburgh, 
13th May 
1646. 



Sederunt : — Crafurd ; Mairshell ; EgUntoun ; Glencarne ; Cassills ; Foi. 106, i 
Finlatter; Burlie; Clerk Register; Wauchtoun; Dundas; 
Innes. 



Earl of Craw- " The Lords of Privie Counsell nominats the Earle of Crafurd to be 
temporary president of CounscU in absence of the Lord Chancellor and Earle of 
^wrtdent of La^nck for this dyet and during the Counsells pleasure in absence 
foresaid." 



Edinburgh, 
20th May 
1646. 



Sederunt: — Argile; Crafurd; Mairshell; Glencarne; Perth; Dal- 
housie ; Finlater ; Burlie ; Clerk Register ; Advocate ; Treasurer 
Depute ; Wauchtun ; Innes ; Sir John Smith. 



Earl of Craw- 
ford continued 
in the office of 
president. 

Commission 
anent prisoners 
in the tolbooth 
of Edinbuigh. 



" The Counsell, conforme to the former act of the 13 of May, continues 
the Earle of Crafurd President of the Counsell in absence of the Lord 
Chancellor and Earle of Lanrick and during the Counsells pleasure." 

" The Counsell nominats his Majesteis Advocat, the Laird of Innes 
and Provest of Edinburgh to meit with the Justice Depute and to 
consider the conditioun of all criminall prisouners within the tolbuith 
of Edinburgh not having relatioun to present bussines and what is 
cleered or to be said against them, and, as they sail find occasioun, to 



1646. CHARLES I. 49 

i>eeretA,^ putt anie of them to libertie and to report everie Counsell djet how far 

iMi^Sctobor they have proceeded be vertue thereof." 

RM8. "The Lords of Privie Counsell prorogate the warrant f ormerlie Coiniug of 

granted upon the 12 day of November, 1644, for coyning the f yfteene U^h^"® 
hundreth stone of weight of copper conteanned in that warrant till *^^® JSnS^iU^ith 
ellevent day of November nixtocome, conforme alwayes to the said of November 

t A.f> next. 

former warrant. 

[Sederunt as recorded above.] Edinburgh, 

1646. 

Complaint by John Wilkie of Foulden, John Wilkie, apparent thereof. Complaint by 
and James Wilkie of Cammo, nearest friends on the mother's side of pouidei^ and^ 
Alison Troup, only daughter of the deceased James Troup, naerchantj^^^^^ 
burgess of Edinburgh, as follows : — Sir William Gray, as tutor to thetiwmotWs 
p. 389. said Alison, has had the custody of her person and dealt with her means Troup, 

and estate for several years past, and she is now past the years of tutory She Si^JJi^ 
and ought to choose her curators with advice of her nearest and bestJ»™«jT«>up, 

^ merobant 

friends. They have little or no access to her as she is so closely kept by burgess of 
the said Sir William, so it is very necessary that the said Lords should ^^^tf ^' 
sequester her for a time that she may have the liberty of a free choice of ^{JJI^toS?^' 
her curators and that her friends may have access to her for advice and said Alison, 
counsel. Charge having been given to the said Sir William Gray to 
compear and produce the said Alison, and he having done so and asked 
instruments thereupon, there also compeared the said James Wilkie and 
Sir William Carmichael, son of the Treasurer Depute, for themselves and 
the remanent pursuers, and the Lords, having heard the parties, ordain 
the said Alison to be sequestered in the hands of the Clerk of Council 
until she make choice of her curators and the Lords release her. They 
allow twenty-one days for making choice of her curators and ordain that 
the pursuers have access to her between 10 and 12 in the forenoon, and 
the defenders in the afternoon. 

Acta, Novem- Sederunt : — Argile ; Crauf urd ; Glencarne ; Weems ; Dalhousie ; Bdinbui^b, 

October 1646. Finlatcr ; Yester ; Advocate ; Innes ; Wauchtune ; Dundas ; Sir fj^ ^'^^ 

Foi.ic»,b. John Smith. 

" Forsamekle as the Estats of Parliament, be their act of the fourth of Proclamation 
Februar last, ordained the Lords of Sessioun to sitt doun in session for^^^o„^if 
administratioun of justice to his Majesteis lieges upon the secund of Junij «^ '\^*^g 
nixt and to continue at the ordinar times appointed for sitting of the 2nd of June 
Sessioun at Edinburgh, and the Lords of his Majesteis Privie Counsell,""^ 
finding it expedient in regard of the long interruption of the Sessioun this 
time bygane that new intimatioun be made thereof to all his Majesteis 
good subjects, doe therefore ordaine heralds and pursevants to pas to the 
mercat croce of Edinburgh and there be opin prociamatioun to make 
intimatioun to all his Majesteis subjects that the Lords of Sessioun ar to 
VOL. vm. D 



50 REGISTER OF THE COUNCIL 1646. 

Mtt doun in sessioun for administration of justice at Edinburgh upon Acta, Novem. 

the secund of Junij nixt, and to wame all and sindrie whom it effeirs tooJ^r 1640. 

attend accordinglie/* ^^^' ^^ *■ 

Proclamation " The Lords of his Majesteis Counsel!, considering that be order of 
that the ^ Parliament the ordinarie courts of justice ar to sitt at Edinburgh upon 
nSet on^^ Tuisday nixt, the secund of Junij approaching, hes accordinglie thought 
Tuesdy next, fitt that the meitings of the Counsell sail be keeped heeraf ter at the 
June, and on ordinaric times weekhe every Tuisday and Thursday in the af temoone, 
aS'i^ui^ay ^^^ ^^® ^^^ meitiug to be on Tuisday nixt the secund of Junij and so foI. 106, b. 
thereafter. f urth thereafter, and ordains heralds and pursevants to pas to the mercat 

croce of Edinburgh and there be opin proclamatioun to make intimatioun 

heirof to all his Majesteis li^es quherthrow nane pretend ignorance of 

the same." 

Edinburgh, [Sederunt as recorded above, omitting Sir John Smith.] Decr«ta, 

27tib May November 

1640. 1641-Ootober 

Complaint by Complaint by the provost, bailies and council of Edinburgh for them- JP^ 
toite^^ selves and in name of their ministry and the poor of their burgh, as 
^^*^^onhe" fo^l^^® • — J^^^ IiigliSi late bailie of Edinburgh, " according to the lov- 
ministersand able customc within burgh," ought to be chosen kirk-treasurer of the 
Mdd buiffh said burgh for this year. He gave his great oath '' to obey as he sail 
iSiL Uto " answer to God the acts and statuts of the burgh " ; yet he, unmindf uU 
beSieof thei*eof, and "to the overturning of all governement within buigh, 
refiuingto' ^'^coutcmpt of the ministric and pitifull neglect of the poore, and evill 
office'©?^* ^^ exemple of others, refuses to embrace the said office and exerce the 
treasurer. same." The pursucrs compearing by Mr George Norwell, their pro- 
curator, but the defender not compearing, the Lords ordain him to be 
put to the horn and escheated. 
Complaint by Complaint by Harie Black, tenant in Wester Lawes of Quhitsome, as p. 891. 
tenant in ' f ollows : — ^Thc late Jonet Sleich, daughter of George Sleich in Button, 
M Quhitsom^ whilc on 3rd May instant she was crossing the road, " wes rackleslie 
^**M^toU^ shott be the compleanner with a gun quhilk he wes trying, not knowing 
shot Janet the Same to be charged, and the kin and f reinds of the said Jonet, 
dan^terof knowing the compleanners innocencie heerin and his sorrow for this 
|J^«^^®'jJ[^unhappie accident, her father and brother, George Bowmaker, John 
been commit- Haistic and Jamcs Galbraith, her neerest kin, hes remitted to the 
Duns by the " compleanner the said slaughter and granted him a letter of slayns " 
Sheriff. jj^ijgj 12th May. The Sherifif of Bervick has committed him to ward 

in Dunce, and he is content to find caution to underlie the law for this 
accident whenever lawfully cited. Charge having been given to Greorge 
Sleich in Huttoun, George Sleich, his son, George Bowmaiker, John 
Haistie, and James Galbraith, and to William Home of Linthill, sheriff 
depute of Bervick, to produce the complainer, the pursuer compeared by 
John Black, his brother, but not the defenders. The Lords therefore 
ordain the Sheriff of Bervick and his deputes to liberate the pursuer, 
peeing bis brother has become cautioner for bis compearance when 



1646. CHARLES I. 51 

Decrou* Called and that he will pass his remission under the great seal under 
iM^OeMer the penalty of 400 merks. 

P' 9^- Sederunt : — Glencame, prseses ; Mairshell ; Weems ; Dalhousie ; Edinbnrgb, 

Finlater; Angus; Balmerino; Burlie; Advocat; Treasurer ^•^'*"*^^*- 
Depute ; Justice Clerk ; Wauchtun ; Innes ; Dundas ; Provost 
of Edinburgh. 

The Lords, in respect of the petition of the uncles of Alison Troup, Caie of Aiuon 
continue her sequestration for other twenty days and until they give^'*^' 
new orders ; and they ordain the provost and bailies of Edinburgh to ^ * - * 
continue the diet for the election of her curators until , and till 

then Sir William Gray or any from him are to have access to her from 
9 to 11 in the morning, and no further, the mother's friends from 2 to 
4 in the afternoon, and the father's friends from 4 to 6. These diets 
are to be kept precisely. 

p. 392. Sedertmt: — Chancellor; MairsheU; Dalhousie; Boxburgh; Wems;Edmbufgh, 

Angus; Yester; Balmerino; Burlie; Advocate; Treasurer il^/**"® 
Depute; Justice Clerk; Wauchtun; Innes; Dundas; Provost 
of Edinburgh. 

Complaint by John Inglis, late bailie of Edinbuigh, as follows: — ^On Complaint by 
26th May last he was cited at the instance of the provost, bailies and late^MiSfe^f 
council of Edinburgh to compear before their Lordships on the 27 th ^^^^*^"* 
and answer for refusing the office of kirk-treasurer for this year, and he cntves stupen- 
understands they have obtained letters of horning against him, though under whfeh°^ 
most wrongfully, because "the warrant to cite the compleanner wes|jj^®„'4^ftbe 
past upon the 26 to cite him to the 27, and he wes onelie summound ^^^^^ o' 
at his duelling hous of Laureston, fyve or six myles from Edinburgh, ot^^^^ '^ 
purpose to surprise him that he sould be ather unable to keepe the 
dyet or come unprepared to answer ; and he had just cans of feare that 
his citatioun wes onelie to draw him in to Edinburgh where the provest 
and bailleis would have committed him to waird upon pretext of dis- 
sobedience of thair acts, which they take to be a sufficient ground of 
imprissonment. And therefore and becaus of before when they con- 
veenned him before the Committee of Estats and gott not their desire 
in this mater, after his comming f rome the Committee they sett musket- 
teirs to apprehend him, he wrote to WilUam' Inglis, writter, to petitioun 
the Privie Counsell for a protection, and before he could gett the bill 
writtin and presented (having receaved the letter about nyne houres) the 
Counsell wes rissin in the forenoone. So as there wes no contumacie in 
the compleanner but just feare.'* Further, his copy of the summons 
bore no certification of homing. Still he has found caution to appear 
p. 898. before their Lordships on the 25th instant under the penalty of 1000 

merks and answer to this complaint and meanwhile craves suspension 



52 REGISTER OF THE COUNCIL. 1646. 

of the homing. In the letters of suspension, dated 2nd June instant, Deoreta, 
the pursuer gives reasons for desiring the matter to be remitted to theK^i-october 
Lords of Session. Both parties compearing and having been heard, the^^j^ 
Lords find themselves competent judges in this business, and that the 
said John Inglis ought to accept the said office. They therefore ordain 
him to do so, and in respect of his compearance at this time suspend 
the letters of homing. 

Bdinburg^ Sederunt: — Cassills, prceses; Mairshell; Glencame; Kingome;p.894, 

* " ^ Wems ; Dalhousie ; Finlater ; BurUe ; Treasurer Depute ; Advo- 

cate ; Justice Clerk ; Wauchtun. 

Case of Alison The Lords ordaiu the provost and bailies of Edinburgh to continue the 
Soeoatep.61. ^^^^ ^^^' ^^® choosiug of cuHitors by Alison Troup till Thursday, 23rd 
July, when she is to do so without further delay, till which time and 
further until they release her they continue her sequestration. 
The same. The Lords allow Sir William Gray and the friends on the father's P. 896. 

and mother's sides of Alison Troup, or any from them, to have access to 
her " each day per vices ; Sir William Gray for this day, the father's 
freinds the nixt day, and the mother's freinds the thiid day, and so 
furth therafter," between 9 and 12 in the morning and no further; and 
the party failing herein to be debarred further access. 

isdiiiburgh, Sederunt: — Crafurd Lindsey; Mairshell; Southerlaud; Cassills; 

1646. "^ Burlie; Clerk Register; Advocate; Justice Clerk; Treasurer 

Depute. 

Complaint by Complaint by John Chrystie in Slayns, David Sim in the Waird of 
inS?aineBfaDdCmdane, Alexander Dalgarno in Cmdan, Arthur Ligertwod in , 

of Gitt*"*" WilUam Clerk at the Kirk of Cmdane, Gavin Craikschank in 
Earl of ^TOi, tenants to Gilbert, Earl of ErroU, and James Hay of Muriefad, his 
Deugat, some, bailie, for his interest, as follows : — Bobert Deugat, sometime tenant to 
the M^dXri^^ the Said Earl, is now become so very insolent and dissolute that, taking 
^^beT^of *°^ advantage of the troubles of the time, he has for several years past very 
their goods, heavily by night and day oppressed the said Earl's tenants. On 

he broke up the doors of the said John Chrystie in the night and p. 886. 
wounded his wife and children to the effusion of their blood ; and on 
several other occasions '' spoiled and abused their vivers of meat and 
drink." About the same time he broke up the house of the said David 
Sim and made search for him to kill him, " being ane old aged man." 
On several occasions in September, November, December, and January 
last, he came to the house of the said Alexander Dalgamoe, ''being a 
brewer, wounded himselfe, and disposed upon his whole vivers at 
pleasure, and caused his hors consume his comes ; and come upon a 
Sunday therafter in the morning and abused his wife ; and shortlie 
therafter within his owne hous wounded him dangerouslie, and when 



1646. CHARLES I. • 53 

Decrau, his wife come for his refeefif he gave her three or four strokes on the 

iM^Sctober head and manie with his hands and feet so as she parted with barne to 

p^^ the hazard of her life, and kuist out all the aill in the hous. And 

come after that to the said Arthure Ligertwods hous, wounded him and 

his wife, drank what he pleased and kuist dUt and spilt the rest, and 

wounded the honest man and his wife dangerouslie, who ar not yitt 

recovered. And he hes done the like at severall times to the said 

Eobert Clerk ; and hes ane ordiner custome in time of sommer and 

harvest to ly furth in the nicht with his horses and to wait his oppor- 

tunitie to breake up the tennents doores and spoile their houses, so as 

the said Earles tennents darre not live in their houses nor attend their 

affaires." Charge having been given to the said Robert Deugat, and the 

p. 397. pursuers compearing by Robert Hepburne, advocate, their procurator, 

but not the defender, the Lords ordain the latter to be put to the horn 

and escheated. 

Sederunt : — CaaBillB.prceses ; Sutherland ; Murray ; Finlater ; Burlie ; Edinburgh, 
Clerk Register ; Advocate ; Treasurer Depute ; Justice Clerk ; ilJe/"^^ 
Wauchtun ; Innes ; Provost of Edinburgh. 

The Lords allow Alison Troup to be delivered by the Clerk of Council Alison Trouix 
to her curators. 

The Lords, understanding that John Innes of Leuchars, late heretable William Laing 
bailie of the regality of Spynie, is dead, and his son and apparent heir the office of 
not entered to his father, also that the dentation of the said office ^f^^^;"^^^!^^^ 
granted by the deceased John to William Layng, his depute, ceases, and<>'^py>^^ 
that thereby the lieges of the said regality are prejudged for want of 
justice, empower the said William Layng to continue in the administra- 
tion of his said office in everything competent thereto till 1st November 
next. 

Complaint by Sarah M^Nacht, only daughter and heir of the deceased Complaint by 
p. 808. John M^Nacht of Eilquhannitie, heretor of the lands of Over Kilqu- M*Kaiight, 

hannitie, and Samuel Lokhart, merchant burgess of Edinburgh, her JjPFjJ^^'**^ 
spouse, as follows: — On June or July, 1645, Nicholas M«Nacht,^,^a»«d John 
spouse to Robert Lennox of Dusdow, accompanied by her said husband, of KUquhan- 
came to the said lands of Kilquhannitie, "brake up the doores of the g^^^ueTLock- 
hous, medled with the haill goods and plenishing being therein, per- ^"^JJ^^^J^*"* 
teanning to the said Sara and quherof her father wes in possessioun Edinburgh, 
long before, and oppressed the tennents of the said lands, compelling a^aimS^^"^' 
them to pay the maiUs and dueteis thereof without forme or order of M«Niwght, 
law, to the compleanners great prejudice." Samuel Lokhart compearing spouse to 
for himself and his wife and the defenders being also present, the of Dusdow, 
pursuer referred probation of their breaking up the doors and taking [^Jq^J^^jJ^. 
possession of the house of Kilquhannitie to their oaths, whereupon t^^e Pjj^^j^er's house, 
said Robert Lennox confessed that, at the bidding of himself and his sing their 
wife, a soldier and another young man broke up the doors of the said '*^*° *** 



54 • REGISTER OF THE COUNCIL 1646. 

house and entered therein. The Lords, after hearing and advising, Deoreta, 
ordain the defenders to enter the pursuers to the possession of the said i^i^ootobe 
house and goods as at the time they took possession and that before Ist^^^ 
August next ; but without prejudice to the rights of parties which are 
to be dealt with by the judge ordinary. 

EdinburKh, Sederunt : — Cassills, proBses ; Sutherland ; Glencame ; Dalhousie ; p. 899. 

28th July 1646. Bahnerino ; Burlie; Clerk Register; Justice Clerk; Sir John 

Smith. 

Prohibition The Lords, having seen an act dated 7 th 'November, 1644, whereby 
longing the ^oYiVL Peter, writer, '* is discharged to write anie patents or other 
iSwtorof ^^^te ^ ^^® great scale without warrant frome Sir Johne Scot, 
Chancery. Director of the Chancellarie, and understanding that diverse others 
persons also presoome .to write birth breeves to the said great scale 
against the priviledge of the said Sir Johne his place and to the preju- 
dice of the lieges, thir persons being ignorant of that service,*' discharge 
all other persons thereof in like manner. 
Case of George The Lords, having heard Sir William Dick of Braid and George 
Underedge, Aitkin of Undcrcdge upon the act of Council of 26th December, 1644, 
J^Jj^^^ *f whereby Sir William was ordained to pay 10s. daily for the maintenance 
Sir William of the Said Grcorgc from that date and during his remaining in ward at 

Dick of Braid. , . . . , . «. «».«. . , ,, 

Seea»(«,p.40. hi8 mstancc, ordain Sir William lo pay the same and all arrears dueP. 400. 
from that date until this present 28th July; and they ordain the said 
George either to make a«d subscribe in ample form cessio bonorum to 
the said Sir William, or deliver the keys of his house and manse in 
Dunbar to him ; either of which being done, he is to be liberated in so 
far as he is in ward at the instance of Sir William or his sons. If the 
said George refuse to do this, the Council declare that he shall remain 
in ward upon his own charges, and if Sir William refuses, then he is to 
pay the foresaid modification so long as he will not consent to the 
liberation of the said Greorge. 

80th July Sederunt : — Cassills, prceses ; Mairshell ; Sutherland ; Glencame ; P. 40i. 

Dalhousie ; Bahnerino ; Burlie ; Clerk Register ; Advocate ; 
Treasurer Depute ; Justice Clerk. 

The History of '* The Lords of Sccreit Counsell discharges heirby the arrestment layed 
A^^Sl^^be upo>^ ^be bookes of the Historic of Douglas and Angus at the instance 
u!nefi?o?^* of Archibald, Lord Angus, to the effect the same may be vented and 
Anna Home sold for the usc of Anna Home and M' Johne Home, minister at 
Home.'* ^ " Eckills, at whois charges they wer printed." 

CJomgaint by Complaint by Mr George Home of Kimmerghame, as follows : — On 
Homeof^ 18th July instant Sir David Home of Wedderbum and George Home, 
^^t^r*"^ fiftr thereof, accompanied by Thomas Simsoun in Drybumfurd, their 
George Home tenant, Mr Patrick Home in Manderstoun, Broun, and William 



1646. 



CHAKLES I. 



do 



D«!»tB, Home, son of Greorge Home, carter in Wedderbum, came to the com- of Wedder- 
iMi^^Oetober plainer's lands of Kimmerghame, and cast down parts of a stone dyke, othen for 
R^i. ^^^ ^^ ^^^ ^^* of the same month, the said Greorge, accompanied by ®JjJj|^j^®'''' 

John M^Dougall and James Swan, servants to the Laird of Wedderbum, stone dyke. 
came to these lands and cast down a great deal more of the same dyke. 
The pursuer compearing personally and the Laird of Wedderbum, 
younger, compearing for himself and the remanent defenders, the Lords 
after hearing parties find nothing in this complaint to infer any riot or 
censure and therefore assoilzie the defenders; but they ordain both 
parties to find caution to keep the peace with each other, the said Laird 
of Wedderbum, younger, in 5000 merks, and Mr George Home in 3000 
merks. 



K402. 



Acta, Norrem- 
bar 1641- 
Oetoberl646. 
Fol. 107, a. 



Sederunt : — Cas&il\B,prcB8e8 ; Duke of Hamilton; Crafurd; Mairshall : Edinbuigh, 
Sutherland; Eglinton ; Perth; Southesk ; Wems; Dalhousie ; JJiS.^"^*' 
Elphinston ; Balmerino ; Burlie ; Advocate ; Treasurer Depute ; 
Justice Clerk ; Sheriff of Teviotdale ; Dundas ; Morphie ; 
Provost of Edinburgh. « 



*' Forsamekle as the Kings Majestic understanding that there is a place Letter from 
of Counsell vacant by deceasse of Sir Thomas Myrton of Cambo, ""' " 
knowing the worth and abiliteis of Sir Johne Wems of Bogie for dis- |{J^qJ® 
charge of that place, hes by his letters to the Counsell of the 7^ ofwemjraof 
August instant nominat him thereto, and therefore hes required 



J his Majesty 
*"^" expressing his 
jtiiat 

.% Bogie be nom- 
tne inated to the 

Counsell that, according to the act of Parliament anent the electioun o^^^J^^^t 
counsellors, they cans wame all on Counsell to meit on 15 dayes warning bv the decease 
that his Majestic may have advice and approbatioun thereanent as at Myrton of 
lenth is conteanned.in his Majesties letter. Quhilk being read and con-^^^^™^* 
siddered be the Lords of Privie Counsell, and they having likewise con- 
siddered the act of Parliament mentiouned therein, they doe accordinglie 
ordaine missive letters to be direct to all such of the Counsell as ar within 
the kingdome to wame them on 15 dayes to be present at Counsell upon 
the 9^ day of September nixt, to the effect abonewritten. Lykeas all 
* such as ar present this day ar wamed apud acta and promeist to keepe 
the dyet. FoUowes his Majesties letter abonementiouned. — Charles 
R Bight trustie and right welbelovit cousines and counsellers, right 
trustie and welbelovit counsellors and tmsty and welbelovit, we greit 
Fol. 107, b. yowwell. Whereas by act of Parliament of the 16** of September, 
1641, anent the electioun of counsellers, we have declared that, if anie 
of the counsellers place sail vaike and must be provided in the intervall 
betuix parliaments, we will make choice by advice of our Counsell, and 
now understanding that there is a place vaikand by deceasse of Sir 
Thomas Myrtoun of Cambo, and understanding the worth and abiliteis 
of Sir Johne Wems of Bogie for discharge of the place, and being willing 
(for his better encouragement and enabling for our service heerafter) to 
promove him to be one of our Privie Counsell of that our kingdom, it is 



56 REGISTER OF THE COUNCIL. 1646. 

oar pleasure to nominat him to the said place, and therefore doe reqiiire Acta, Novem- 
yow that (according to the act of Parliament) 70W cans warne all of our October 1646. 
Gounsell to meit upon fyf teen dayes advertisment that we may have ^^^' ^ ^- 
your advice and approbatioun theranent, and he (having the oath 
administred in the like caises) may be admitted upon our said Counsell 
as one of your number, wherein we expect your care. We bid yow 
farewell Givin under our hand and scale the 17^ day of August, 
1646." 

Edinburgh, [Sederunt not filled in.] ' gecreta, 

19th August November 

1646. 1641-Octobcr 

CJompiaintby Complaint by John Peter of Quhitsled, advocate, as follows: — He isp^^ 

WhUfliode!^ ^ heritably infef t in the lands of Whitsled and Brighauch and pertinents 

awSS^Mr. thereof as is manifest by his infeftments, by virtue of which he and his 

^ezander prcdccessors and authors have been in peaceable possession theieof past 

St. Leonards, memory of man until that lately Mr Alexander Home of St. Leonards, 

Home his Harie Home, burgess of Lauder, his brother, and others at their instiga- 

others for*^^ tion " have teilled, laboured and rivin out foure butts or rigs of land 

taking posses- lying in the hauch called ewest the Water of Leader within the 

tb?<^nmiain- bounds, meiths and merches of the saids lands.'* They have sown the 

er's lands. g^^^ie with com and intend to shear, win and lead the same whereby p. 403. 

they may obtain the possession of the land. He has raised an action 

" of contraventioun, molestatioun and declaratour of propertie before the 

Sessioun," against them, but, in respect of the shortness of the time, 

this action cannot be dealt with till next session and the complainer 

must have warrant and letters of sequestration presently. Charge 

having been given to the said Mr Alexander and Harry Home, and the 

pursuer compearing but not the defenders, the Lords appoint Mr Bobert 

Hart of St. John's Chapell to sequestrate the whole crops sown by the 

said Mr Alexander or Harry Home or any in their names upon the 

said four butts or rigs of Lauder this year, and shear, win and stack 

the same upon the said lands or wherever he thinks fit for preserving 

the same, " upon the expenses of the selfe," until it be found to whom 

the same belong, or caution be found to make the same forthcoming to • 

the pursuer according to law. 

Complaint by Complaint by John Nevein, servitor to Adam Why tf urd, brother of John p. 404. 

ie^Jirait to "' Whytf urd of BaUoch, as follows :— On April last Peter Tod in Blair- 

ford"brotoer ^l'^^'^ csme to John Logic's house at the kirk of Stratoun after sermon 

ofJphn where the complainer was, and although it was the Lord's day, " er ever he 

Biairquhan, was awar strakc him first in the thigh and then in the arme with a drawin 

^nst Peter whinger, to the great efifusioun of his blood." Both pursuer and defender 

^^^^'^ compearing, the latter produced an act of court at Croceraguell, dated 8 th 

April last, showing that he had already been censured by John Binning, 

baib'e depute of Croceraguell, upon his own confession, and fined £50 

to the judge and 20 merks to the party, and therefore contended that 

he could not be held to answer also before the Council. To which the 



1646. 



CHABLES I. 



57 



Decrata, 

NoTember 

1641'October 

1646. 

P. 406. 



pursaer replied that be was no party to the prosecution before the 
bailie depute and did not compear in that cause, and ought therefore 
to have justice before the Council. The Lords ordain the defender to 
pay a fine of £50 to the pursuer and to enter in ward until he pay the 
same as well as two doUers each to John Logic in Stratoun, John 
Logic in Bennen, and John Kennedie in Crassick, who had come hither 
as witnesses in the case. 



Sederunt: — Duke Hamiltoun; Crafurd; Mairshell; Sutherland ; J^inburgb, 
Cassills, prceses; Dalhousie; Southesk; Finlater; 
Begister ; Sir William Douglas. 



..i 1 26th August 

Clerk 1646. 



In the action of suspension raised at the instance of Sir William Dick, Sir William 
who has been charged at the instance of George Aitkin of Underedge to ckmr^AHken 
pay the arrears of the modification of 10s. daily ordered by the Lords of ^^^^^^J^® 
Privy Council from 26th December, 1644, to 30th July last, the bus- arrears of a 
pender pleads that he was never heard to give his reasons against the ordered by the 
granting of this modification which " wer verie pregnant," although after ^^^^^yj^^ 
it was granted he paid it for months, but thereafter " withheld «wd Sir 

the same upon his wicked provocatiouns,'' until on 30 th July the said said G«oiie:e. 
Greorge was ordained to grant cessio bonorum to the suspender or deliver 
p. 40d. the keys of lus house, and the complainer was to pay the balance of his 

modification, amounting to £198. Of this sum " he caused make ofier 
at the tolbuith, but he wes going upon the streits and could not be 
foimd, and therfoir he consigned the same in the hands of the Clerk of 
CounselL" Parties compearing, the charger produced a procuratory 
whereby " he gave power to the suspender to enter in his hous, and gave 
his great oath that he had not the keyes, but they were lost — which 
the Lords finds equivalent to the deliverie of the keyes, and ordains the 
procuratorie to be delivered to the suspender, who refused the same, and 
declared he would rather consent to the payment of the modificatioun 
foresaid nor consent to his libertie upon the conditioun abovementioned 
except he would also give him cessio bonorum" The Lords, after 
advising, " ordane the consigned moneyes to be delivered to the charger 
upon ane recept to be givin be him to the suspender, whom the Lords 
ordains to pay the modificatioun foresaid," so long as he keeps him in 
ward, otherwise to be put to liberty. The Lords also suspend the 
horning. 



Acta, Novem- 
ber 1641- 
October 1646. 
Pol. 107, b. 



SedermU : — Glencairne ; Weemes ; Southesk ; Sutherland ; Dal- Bdinbuigb, 



9th Septem- 



houssie ; Yester ; Burley ; Advocate ; Wauchton ; John Smyth, ^or lefa. 
Provost of Edinburgh. 



" Forsameikle as be act of Councell of the 19 of August last intimation^ J^^^i^ 
wes to be given to the haill counsellers within the kingdome to be Bogie 
present in Councel this day to give their advyce and approbation to histhrcvmnd?.^ 



58 REGISTER OF THE COUNCIL 1646. 

Majesties nomination of Sir John Weemes of Bogie to [be] one of his Acta, Norom- 
Majesties Privie Councel in place of Sir Thomas Morton of Cambo now October 1644. 
deceassed ; and accordinglie, lawful intimation being given be letters Foi. 106, a. 
and otherwayes to suche of the Councel as are within the kingdome to 
be heere this day, and the Councel takeing into their consideration his 
Majesties letter and choise of Sir John Weemes to supplee the place of 
Sir Thomas Morton of Cambo, doe give thair advyce and approbation 
thereto, and accordinglie doe admitt and ressave the said Sir John Weemes 
to be one of his Majesties Privie Councell, and to bruike and enjoy all 
the liberties and priviledges belonging thereto. Lykeas the said Sir 
John being called upon wes admitted on Councell, and gave the oaths of 
alledgance and of a privie counceller, upon his knees." 
Payment of " Forsamcikle as Sir Archibald Primerose, Clerke to the Councel, 
the ^laity of being assigned be James Philp, late Clerke of Councel, to all fees or 
LumsdenfOT aUowanccs duc to him as Clerke of Councel, or writer of the commis- 
retaimingfromsions of the Justiccs of Peace dureing his service frome Marche, 1640, 

exile against ^.,, « - ^^^« , , ^ , ,, i. « ^i. *, .^ i . 

the law, to till September, 1641, and the Councel finding thameselfes obleidged m 
Primroael^te i^&i^d of the said Sir Archibald his good service to contributt what in 
ComusS' to* ^^ ^^) ^y^ ^^^ ^^® payment of the saids fees, and being informed that M' 
remuneration William Lumisdcn of hcs now come into this kingdome contrare 

from^Mflfch*" to anc act quhereby in presence and be order of the Councel he and his 
September Cautioner were obleidgit not to doe the same under the paine of three 
1641. thousand merkes quhereby he and his cautioner have encurred the said 

penalty, they doe therefore assigne the said penaltie and contravention 
to the said Sir Archibald for payment of the fees and allowances afore- 
said in so farre as the same will extend to ; with power to him or anie 
haveing his order to call for, perse w and uplift the same, and to give 
discharges upon the receipt thereof ; quhilk the Councel declars sail be 
sufficient exoneration to the said M' William Lumisden and his cautioner." 

Edinburgh, [Sederunt as recorded above, omitting Wauchtun, and adding Boeie.1 Decreta, 

9thSeptem. ^ '6 > 5 6 J November 

ber 1646. 1641-October 

Order for the The Lords, understanding that the Laird of Streachin, late sheriff ^^q. 
the MnSf ^ principal of Invernes, is long since dead, and that no one is appointed 
fi^"hoidera of ^^ ^^^ placc, whcrcby the public service, and especially the election of 
the sheriffdom the Commissioners for the Parliament, is like to be prejudged, hereby 
for tiieXction grant Commission to Sir James Fraser of Brae, and Hugh Bos of 
^LTJH^^ Kilraock, or either of them, to convene the small barons and freeholders 

sioneiB lor 

Parliament, of the Said sheriffdom, and make choice of able and well affected men 

as commissioners for the Parliament. 

Complaint by Complaint by Mr William Cuninghame of Ballindalloch, as follows : — 

Cimutegham ^" ^^Jt 1645, he was ordained to repossess Margaret Cuninghame, 

of Tallin. daughter of Harie Cuninghame, in the houses and lands in Eestalrig 

Margaret then possesscd by him, and, because he had laboured the lands and 

foHU^^ sowed the crops that year, the Lords ordained the said Margaret to 

ston'Sthr*' ^"*ct herself to keep the said crop of 1645 scatheless, and make it 



1646. CHARLES I. 59 

i>ecreta, forthcoming to the party who should be found entitled thereto. Yet crop c 
f^uoctober 8^^ ^^^ her father have " disponed and spent the said crop. And in RTstairig of 
j?^ respect she is not responsall, and is going about to intromett with this^^y®*^^^^- 

crop, 1646, she will dispone upon the same, notwithstanding he hes 
p. 406. undoubted right both to the lands and crop." Charge having been 

given to the said Margaret, and both parties compearing and having 
been heard, the Lords ordain the said Margaret to find sufficient caution 
in the books of Secret Council to make this crop 1646 forthcoming to 
the party who shall be found entitled thereto in place of the crop 1645 
medled with by her, and that within 48 hours, otherwise the Lords hereby 
grant commission to Eobert Hog in Sestalrig to shear and bring in the 
said crop of the said lands to the barnyard of John Fultoun in Restalrig 
or any other convenient place, to be stacked and sequestered there on 
** the expenses of the selfe," until it be seen who shall have best right 
thereto, discharging the said Margaret and her father from all inter- 
ference therewith. 

Acta, Novem. [SederwfU] : — ^Hamilton ; Callander ; Crawford ; Casillis ; Lanerick ; Edinburgh, 

oSobifrW Yester ; Sindar ; Bahnerino ; Clerk Register. \^ ^^^' 

Fol. 106, a. 

'* The Lords of Privie Councell nominate the Earle of Lanerik to be 
president at this meeting. 

" Forsameikle as the King's Majestic, with advyce and consent of the Archibald Tod, 
Estates of Parliament, have be thair several acts of the 13 and 16 of Idinbuivh 
November, 1641, nominat and elected the provest of Edinburgh for the ^™^*^'* *"**' 
tyme being to be one of his Majesties Privie Counsel of this kingdome, 
and the Lords of his Majesties Councel having this day scene and 
perused ane Act of the Toun Council of Edinburgh quhairby Archibald 
Tod is made choise of to be provest of Edinburgh for this present yeere, 
and haveing at lenthe considered the saids acts of Parliament and act of 
election, they doe accordinglie admitt and ressave the said Archibald 
Koi. 108. b. Tod, provest of Edinburgh, to be of his Majesties Privie Councel of this 
kingdome, and to bruike and enjoy all the dignities, immunities and 
priviledges belonging thairto. Lykeas the said Archibald Tod, being 
personallie present, wes admitted on Councel, and on his knees gave the 
oath of alledgance and of a privie councellor. 

" The Lords of his Majesties Privie Councel taking to thair consider- Prociamatioa 
ation the prejudices arysing to this kingdome be the unwarrantable exV>rt o?^ 
transporting of oxin and ky out of the same, and finding it necessar that^^^®- 
some course wer^ tane for the restraint thairof and punishment of the 
transporters, doe thairfore ordane and comande heraulds, pursevants and 
messingers at armes, to pas to the mercat croces of Edinburgh, Stirline, 
Dumf reis, Jedburgh and other places neidful, and thair be opin proclama- 
tion to command, charge and inhibit all and sundrie persons quhatsomever 
that none of thame [presoome] to carie or send out of this kingdome anie 
oxin or kyne, under the paine of confiscation of the goods to be transported. 



60 



REGISTER OF THE COUNCIL. 



1646. 



and of the moveables of the transporters, besydes suche farder personal Acta, Noyem. 
punishment as the Councel sail thinke fitt to inflict ; comanding heirbj October 1646. 
all sheriffs, stuarts, magistrate of borrowis, customers and all others whome ^^^' ^^ ^* 
it concernes to be careful to sie this act punctuallie obeyed, and for that 
end with power to thame to sease upon anie goods going out of the 
countrey, and upon the persons of the transporters to be disposed of as 
aforsaid."^ 



Edinburgh, 
ISth October 
1646. 

Order to 8ir 
William Dick 
of Braid to pay 
lOi. daily to 
0«orge Aitken 
of Uoderedge 
during the 
time he detains 
him in ward. 



[Sederunt as recorded above, adding the Provost of Edinbuigh.] 



Deereta, 
NoTembiar 
1641-October 
1646 

The Lords, having heard Sir William Dick of Braid and George Aitkin p. 413. 
of Underedge respecting the keeping of the latter in ward and not pay- 
ing the sum of 10s daily modified to him by decreet of Council on 26th 
August last, ordain the said Sir William to pay the said sum to the said 
George from 26 th August last to this date and in time coming, and that 
letters be direct hereupon for payment on pain of homing ; and that pay- 
ment be made hereafter weekly, with certification that, if two weeks run 
on unpaid, letters will be granted to the provost and bailies of Edinburgh 
to liberate the said George in so far as he is warded by Sir William.' 



> The Register of Acta is wanting from this date until ISth July 1661. 
• This Register is wanting from this date until ISth July 1661. 



MISCELLANEOUS PRIVY COUNCIL PAPERS. 

A,D. July 1643- August 16G0. 



PRIVY COUNCIL PAPERS. 



MiKeiiMieoiis 1. "Edinburgh, 4 July, 1643 — Whither or not the Lords may have 4th and 7th 
^'^ their advocate to come and stand at the bar and heare that as occasion ^^^^ ^^' 

oflTers they may give to thame thair advyce. whSher ** 

They may, 1 ; may no, — . ^hJSd^d 

" Whither or not in ordaning the lords, etc. to give in thair defenses and at the bar of 
ansuers in writt and in permitting such lawers as they will make use of 
to give thaim thair advyce, concurrence and assistance thairin, it be 
meant that thair lawers sail compeir and stand at the bar to give and 
suggest thair advyce and informatiouns to thame or that they advyse 
with thame outwith judgement." [All the above is deleted.] 

"7th July, 1643, Sederunt ut die predicto. Chancellor; General; 
Hamilton; Argyl; Eglinton; Dumfermline; Lauderdail; Lindsay; 
Balmerino; Kerse; Warestoun; Harden; Amisfeild: Dundas; Dur- 
hame; Barclay; Bamff. 

" M' James Frimerose admitted clerk to the Conservers of Peace. Mr. James 
" The Commissioners, in respect of the contumacie [and] not compeirance gJ^IJ^^am. 
of the Earle of Carnwath, declars that, conforme to the articles of thewath. 
treattie and act of pacification, the said Earle sail nocht enjoy anie 
benefit, civil or ecclesiasticall, or have anie protection within this 
kingdome, and that this sentence sail be without prejudice of the lawfuU 
defenses of the other noblemen conteand in the sumonds abovewritten 
as if this sentence had not beene given against Carnwath. Agree, 8 ; 
No, 1." 

2. . " Sir William Dick of Braid, knycht. Justice and ShirefT principall of 7th July 1643. 
Orkney and Zetland, to my lovitts , officeris and serjendis in that^^JJJ^'j^^L 

pairt, conjunctlie and severallie, speciallie constitut, greiting. I chairge of Braid, 
you that ye lawfuUie summound, warne and chairge Thomas Corse in primsipal o" 
and Margaret Craigie, his spous, Jonet Sklaitter, spous to^^y^^^ 
William Traill, Thomas Irwing, younger, Katherin Windwik, spous to certain 
Gilbert Mowat, Margaret Irwing, sumtyme servant to Jonet Sklatter, present at the 
Magnus Harcas in , Elspeth Smyth, spouse to James Caithne8,KL^therine 

Jonet Ingsger, spous to Magnus Craigie in Skaebrack, Katherine Barnie, ^™*gj,*^'j^ 
and Katherin Ethay, spous to John Work in Egilscha, thir witnesses 
with sevin or aught honest men to pas upoun hir assyse, Patrik Halcro 
in Weyr, Henrie Harrald thair, Thomas Sabistouu thair, James Alex- 
ander in Bankis, Henrie Ingsger in Four Wosbuster, Henrie Ingsger, 
Barbara Harcas, to compeir befoir me or my deputis ane or mae 

at Kirkwall, the ellevint day of July, in the hour of cans, to bear leill 



64 REGISTER OF THE COUNCIL. 1643. 

and suthefast witnessing in so far as they knowe or sail be speirit at MisoeUaneous 

thame for proving the poyntis of dittay of witchcraft, sorcerie and^'^"*' 

divinatioun persewit at the instance of Abraham Stevinsone, procurator 

phiscall of the said schirefdome, againes Eatherine Craigie cdias Estaquoy 

and to pas upoun hir assyse, ilk persoun undir the paine of xl lib., 

according to justice, as ye will ansuer, etc. Gevin under the seall of office 

and subscryvit be my clerk of court at Kirkwall, the sevint day of July, 

1643. (Signed) A. Ellbis." [On the back] "xij Julij" 1643, in 

presens of M' George Graham, David Hert, Gairsay, and the chalmer- 

lane. 

Depontiona in '* Katherene Craigie deponit that Margaret Ranie cdias Todlock heallit 

^therine' * ^^^ ^^ Johnc Bellis in Quoyskowis of the baneschaw. 

c™g»« 'ft " ^^^ ^^^^ Cristane Poock, late servitour to Henrie Ingisgar in 

Forse and now with Rowie Ingsgar, can charme the worme and the 
fauld seiknes and that scho usit the said fauld seiknes to ane ox in 
Savaskaill, and that scho got for doing thairof a pleat of meill and a 
blood pudding upoun the head of the pleat. 

" Scho confest the going to the watter and casting the watter over 
Thomas Irwingis heid, and that scho leamd the charme fra umquhile 
Elspeth linay be the using of the stones, and that scho learned a 
charme for stemming of blood fra hir umquhile husband." 

loth July 3. Summons directed to Alexander Dumbar and James Grahame, 

Summons at "^^sscngers, at the instance of Sir Thomas Hope of Craighall, his 
theinsunce of Majesty's Advocate, and Robert Dumbar of Burgie, heritable proprietor of 
of Burgieli^ro^ the lauds of Hcmprigs, and Ninain Dumbar of Grangehill and Fartick 
Gndt^of°' Campbell of Both, his curators, also Andrew Sym, George Russell and 
Hemprigs, and David Watson, tenants and possessors of the said lands, narrating that in 
James Dunbar, violation of the law prohibiting the bearing of hagbuts and pistols on 28 th 
Dunb'ar^some- ^^^» [JohuDumbar, elder, sometime of Hemprigs],^ James Dumbar, 

timeof Homp. hig brother, and William Dumbar, his natural son, " armed with swords, 

rigs, and 

o^era. pistoUs, long gunnes, steil bonnets and gantlets, came under cloud and 

silence of night to that part of the saids lands where the saids tennents 
had bigged their houses and demolished the walls thereof, brake doun the 
couples and cutted the timber of the same " ; wherefore charge is given to 
cite these persons to compear before the Council at Edinburgh on 
to answer thereto, dated at Edinburgh, 10th July, 1643, and signed. 
Arch. Primerose, Cler. S. Cons. On the margin is the following note of 
hearing: — ** 3 August, 1643, Burgie personalie for himself and in name 
of the remanent persewers. Defenders absent. Ordans the witnesses to 
be examined without prejudice to the defenders to compeir and use all 
their lawfull objections and defensses on Tuesday." On the back is a 
note of the execution of the summons on 2d August, 1643, by James 
Grahame, messenger, against the said William Dumbar, personally 

^ The words in brackets are deleted. 



1643. CHARLES I. 65 

MiacriUBeoui apprehended within Edinburgh tolbooth, to compear on 3d August ; 

' **"• witness, Gawne Syme, painter in Edinburgh, and David Tailyeour, writer 

there. On a paper apart attached to the summons is the following : — 
" Fleas your Lordships cans call Bobert Dunbar of Burgie, Georg Sussell 
in Hemprigs, Andrew Sym thair, David Watson thair coTttra John 
Dunbar, elder of Hemprigs, James Dunbar, his brother german, William 
Dunbar, naturall son to the said James Dunbar. Witnes names that ar 
present, William Pettrie, induellar in Earnsyd, Andrew Dick in Haltoune, 
John Russell thair, John Dick in Earnsyd, Andrew Sutherland in 
Hemprigs." 

4. " Intrat upoun pannell Katherine Craigie alias Estaquoy for the I2tb July ^ 
abhominable superstitiouu useing and practeising of witchcraf tis ^^^* 
underwrittin, viz : — 
'* Ye, the said Katherine Craigie alias Estaquoy, ar indytit and accusitchaiges 
for airt and pairt of the abhominable superstitiouu of the oontraveining^^^jriue 
of the tennour of the act of Parliament maid be our unquhile dread p'?",8j® ^^ .?«f 

'- trial for witon - 

soverane, Ladie Marie, be the grace of God Queene of Scotis, with the cmft. 
adwyse of hir thrie Estaites in hir nynth Parliament, that quhair they 
being informit of the heavie and abhominable superstitiouu usit by 
dy verse of the liedgis of this realme be useing of witchcraft, sorcerie and 
necromancie and credens gevin thairto in tymes bygane against the law 
of God, and for awoyding and awayputting of all sik superstitioun in 
tyme cumming it was statut and ordanit be the Queenis Majestie and 
thrie Estates forsaid that no person or personis of quhatsumever estat, 
degrie or conditioun they be of tak upoun hand in any tyme thairef ter to 
use any maner of witchcraftis, superstitiounes, sorceries, necromancies or 
divinatiounes or give thameseli&s f urth to have sik craft or knoweledge, 
thairthrow abuseand the people, undir the paine of death : And trew it is 
and of veritie that ye, the said Katherine, hes contravennit the tennour 
of the said act of Parliament be useing and practeising of witchcraftis, 
sorceries and divinatiounes and in geving your selif furth to have sik 
craft and knoweledge and in companie and societie keiping with the 
devill, your master, at dy verse and sundrie places and thairthrow abuseand 
the people in maner following, and thairfoir and for useing and practesing 
of the said abhominable superstitioun aught and suld be adjudgit to the 
death in example of utheris to doe the lyk. 

''And in speciall ye ar indytit and accusit for airt and pairt of theFjiiis. 
abhominable superstitioun in that upon the day of March, 1642 Abusing since 

yeiris, James Caithnes in Rowsay having goneowerto Westray for doing J^'J^ ^^^ 
. sum of his effairis. thair and culd not get home tymeouslie to his hous for abstinence, 
ill weather, in the meantyme quhill his wyiff was thinking long for hir Confest oniie 
husbandis homecumming ye cam to hir and said to hir, 'Give me ane piece fo^aimsOod 
of doath als much as will be ane pair of handskouse and your husband Jg{hen"^ ^^^ 
sail get fair weather to come home schortlie befoire ye get your supper ' : 

VOL. VIII. B 



66 



REGISTER OF THE COUNCIL 



1643. 



Fyllis. 

DivinaUon and 
strong pre- 
sumption of 
witcncraft. 

Denyit. 



Fyllis. 



Witchcraft. 



Confessisat 
desyr scho 
went to the 
schoir, etc. 



and upon the morne the weather becam fair and the said James cam MiaoeiiMieoiis 
home, quhilk was done be your witchcraft and devilrie. ^^"' 

" Item, — ^ye ar indytit and accusit that yeiris since or thairby 

Thomas Corse in being lying deadlie seik and in all menis jndge- 

ment quha saw him without hope to live langer and being for the tyme 
sensles not knoweing quhat was done or said to him ye cam to his hous 
and said to Margaret Craigie, his wyif , that the said Thomas wold not 
die of that seiknes and ye assurit hir thairof, and ye brocht with yow 
thrie stanes to the hous quhilkis tymous in the momeing ye laid in 
thrie comeris or nookis of the hearth quher the samen continwit till 
about daysetting, and then ye did with your awin handis tak up the 
thrie stanes from thair severall places and laid thame behind the dore 
all night and tymous in the morneing ye did tak up these thrie cold 
stanes and put thame in ane vessell with water wher the said Margaret 
hard on of these stones chirme and churle in the water, but as yit ye 
told hir not quhat spirit trublit hir husband. Efterward ye cam with 
the water and washed the said Thomas Corse thairwith, at quhilk tyme 
he was so sensles that he knew not quhat was done to him. Efter as 
ye haid washen him the first tyme ye again took the thrie stanes and 
usit thame the secund and thrid tyme as at the first and washed him 
with the water as at the first and quhill we war wasching him the thrid 
tyme he becam somquhat sensible and knew that ye war wasching him 
quhich he perceavit not the two former tymes ye did wash him. And 
immediatelie the same day, tymous in the morneing efter as ye haid 
washen him the thrid tyme, ye desyrit the said Margaret Craigie, his 
wyif, to goe about the loch with yow for getting of her husbandis 
health, but the said Thomas Corse, beginning at the same tyme to 
recover and to becom sensible, hearing your speich to his wyfe stayit 
hir that shoe went not with yow ; quhilkis war done be your witchcraft 
and devilrie. 

*' Item, — ^ye ar indytit and accusit for airt and pairt of the abhomin- 
able superstitioun and witchcraft in that fyve yeiris since or thairby 
Thomas Irwing, younger, being verie seik in Quondale, quherfra he was 
flitting, he was brocht in to Jonet Sklatterss hous in Cogare heavilie 
diseasit with a senslesnes that he knew not quhat was said or done to 
him, ye cam to the said Jonet Sklatteris hous and, knoweing that the 
said Thomas was lying seik in hir hous, ye said that it was the sea trow 
or spirit that was lying upoun him, which might weill enuch be fleyed 
away ; and efter this ye went and brocht with yow thrie stones and laid 
thame in three corneris or nookis of the hearth from morneing till 
night, then ye took thame up in your hand and laid thame behind the . 
dore all night till tymous in the morneing at which tyme ye took up 
the thrie cold stones and put thame severallie into a weschell with water 
quhar the said Jonet hard on of the stones chirme and churle. Thair- 
efter ye took the water and washed the said Thomas thairwith, but he 
was so sensles that he knew not that ye haid washen him. This ye did 



Fapen. 



1643. CHARLES I. 67 

with the stones and water thrie severall tymes and morningis togither 

to him, and efter as ye haid washen him the thrid tyme immediatlie 

that same night following ye causit him to ryse out of his bed undir 

silence and cloud of night to go with yow to the sea schore forbidding 

him to speak at all be the way till your returne to the hous of Cogar 

and so ye went befoir and the said Thomas foUowit yow and be the way 

he was sore affrayed and many tymes thocht not to have gone further 

with yow, but ye speaking nothing onlie beakned to him with your 

hand to goe forward with yow to the appoyntit place, so ye went with 

the said Thomas doun beneath the bridge of Savaskaill at the sea schore ^JS'to^tS?** 

wher ye did tak thrie loofuU of water and did cast the samen ower bifl'J*!^''*"^ 

head and afterwardis he retoumit with yow to the hous of Cogar befoir hiBheM. 

any of the house war risen out of thair beddis, and everie day thairefter 

he convalescit and becam better of his seiknes, quhilk was done be your 

witchcraft and devilrie. 

" Item, — ^ye ar indyted and accusit that yeiris since or thairby , pyiiii 

ye being in Margaret Craigies hous, the said Margaret haid ane young 
quoyak calf whilk did eat ane beat of lint unto yow, quherupon ye DiTination. 
being verie angrie said to the said Margaret, ' Ye sail nevir milk hir, 
dogis sail eat her, knowe ye not quhat becam of Eowie Flawis kow 
quhilk did eat my courtch* (for it was of treuth that efter the kow haid 
eattin your curtch shoe nevir did moir good.) Efter these your words Denyis. 
the calf becam a beast of thrie yeiris auld, went to the hill quher it 
died, was nevir found till the doggis haid eattin, quhilk was done be your 
witchcraft and devilrie. 

'* Iteniy ye ar indyted and accusit that upoun ane Saturday in winter 

yeiris since or thairby when William Flawis in Cogar was lying FyiiM. 
seik ye cam to Henrie Yorstounes hous and lodgit thair all night and 
arose tymous in the momeing, being Sunday, a litle befoir the break of F^rf all abiue. 
day, being verie tempestuous weather with snow and sleit, the said 
Henrie and Katherin Windwik, his spous, and thair children being all 
as yet in thair beddis, ye sought ane garter from ane of the bairnes, but 
they unwilling to ryse refusit yow. As ye wer going out of the hous ye 
wold have haid ane of the bairnes to have steikit the dore efter yow, Confesns hir 
but the bairnes unwilling to ryse desyrit yow to draw to the samen efter Sbe^^h and 
yow, quhilk ye wold not doe. Upoun Monday in the momeing the said^'J^^JJJnot**^* 
Katherin Windwik went to Thomas Corse his hous to visit him, ™««id her. 
thinking that he was eather dead or verie neir and non that haid 
sein him the night befoir thocht that he culd escap, and quhen 
schoe cam in to his hous, sieing the said Thomas lying in his bed 
laughing and yow sitting in the hous, steppit in by to goe neir 
to Thomas Corse quher he lay and in the bygoing ye spake quyetlie to 
hir in her ear on this maner, ' Quhat sik ane momeing think ye haid I 
yesterday ? * Quha ansuerit you, ' Quhy, quhat glangoir war ye doing 
in that ill weather ?' Ye said to her againe, ' I was about the loch with 
Jonet Sklaitter, spous to William Flawis, but it is for no stead, it will 



68 REGISTEE OF THE COUNCIL 1643. 

nevir 'mend hir/ These things began to be rumourit, and the sessioun MiaoeiUaeoiu 
being acquaint! t thairwith the said umquhile Henrie Yorstoun was cited ^^"^ 
and declarit the samen done by yow and told to him be his wyff. 
Afterwardis, ye being lodging in Essen Corse his hous short efter, ye 
said, Henrie Yorstoun hes bein making reportis of me, but er ane yeir 
be at ane end he sail find it. And so it fell out that the said Henrie 
Yorstoun contracted great seiknes and died within the yeir efter as ye 
haid wented your yre againest him. And efter the death of the said 
Henrie Yorstouu the said Essen Corse told the said Katherine Windwik 
your irefuU wordis uttered againest hir said umquhile husband, and this 
also cumming to the knoweledge of the sessioun and being cited to 
declair quhat he knew thairin, but er the sessioun day cam the said 
Essen, taking with him his sone ane young boy to the craiges to draw 
fish, but the said Essen Corse was takin out with ane swelling sea and 
drouned and the chyld escaped, quhilk was done be your witchcraft and 
devilrie. 

" Item, — ^ye are indy ted and accusit that yeiris since or thairby, 

FyiiiB, quhen William Flawis in Cogar wes lyand seik, ye took Jonet Sklatter, 

his wyif, and Margaret Irwing, his servant woman, with yow quher ye 

Abusing aud a direct the said Jonet to follow yow and causit the said Margaret Irwing 

Buwption^of follow the Said Jonet and went about the loch in this ordour and about 

witchcraft. ^.j^g {q^j. nQQ^jg of the kirk yaird, and none of yow spak ane word all 

the while quher in your progress and regress ye retournit in that same 

manor, the said Katherine going still befoir. At last cumming to the 

hous ye enterit in the hous first and steppit into the seller, quhair the 

said William Flawis was lying seik, and the said Jonet Sklatter and her 

woman folio wit yow and quhen ye and they enterit in the seller ye 

Denyid bot than began to speak and bad the said Margaret lay her hand in William 

about the logh Flawis hand quher he was lying, quherat the said Margaret began to 

and^v^sin'the'^'^rso'^® '^isc^®'^ intcndit against her and was verie loth to do it, yit 

hong. at last iahoe took him by the hand verie slenderlie. This done ye bad 

the said Margaret gang but the hous, quherat the said Margaret became 

verie fearit and weipit and sat doun and wold onnawayis stirr nor goe 

firat out. Thairfoir ye went out first yourselft' and quhen the lass cam 

but the house ye began to flyt with her becaus shoe wold not goe first 

out. After these thingis, upoun ane uther day quhen the said Margaret 

haid come in from her work, the said Williame being lying seik, shoe 

fand yow standing upoun the floore holding something close betuix your 

handis and ye cam to hir and held the samen to hir left ear and said to 

hir, ' Hearst thow that,' aud the said Margaret hard sumtyme chaking 

werie quyetlie at hir ear, then shoe askit yow quhat it was shoe hard 

and ye answerit it was ane stane which was clowen and water haid 

enterit in betuix both halfis of it and it was the water that pized within 

the stone quhilk was done be your witchcraft and devilrie. 

Fyiiis. " Item, — ye are indy tit and accusit that yeiris since, ye being 

dwelling with Thomas Corse wyf, Margaret Craigie, said if it happnityow 



1643. CHAPwLES I. 69 

Misoeiiaiieoiu to be out of ihe hou86 in the farthest pairt of the yle all that shoe woldDeriiuh 
****^ speak in hir awin hous most secretlie and privatelie ye at your first J*J®^**'°°" 

home cumming to the hous ye wold tell her of it, quhilk revelatioun 
and foir-knowledge ye haid of the devill, your master. 

*' Item, — ^ye ar indytit and accusit that yeiris since or thairby, Fyiiii. 

quhen ye dwelt with Katherin Windwick, spous to Gilbert Mowat, if it 
haid chanced yow to have bein furth at work or haid bein in therevei^on. 
farthest pairt of the yle though shoe suld even a thing nevir so secretlie Denyis. 
and it haid bein but to heat a drink to herself quyetlie, quairof shoe 
thoght thair was none that culd have knoweledge, yit quhen ye cam 
home ye wold tell her of it, quhilk revelatioun and foirknoweledge ye 
haid of the devill, your master. 

" Item, — ye are indytit and accusit that this last yeiris since or Fyiii*. 
thairby, quhen Masnus Harcas was tormentit with ane intollerable „^ 

. , . , , . 11 1 . 11. . strong pre- 

pame m bis leg, ye cam to him quher he was lying and desynt to sie sumptioQ since 
his leg quha let yow sie it and ye strakit your hands tenderlie upoun iten^JJ^fop 
so it fell out that immediatlie efter, as ye went furth, the great paine*^*^"®^^* 
slacknit and ay becam better, quilk was done be your witchcraft and Denyi*. 
devilrie. 

" Item, — ye ar indytit and accusit that this last yeir, when Magnus FyUia. 
Craigie in Skaebrek was verie seik, Jonet Ingsger his wyif going to Supewtitioua 
Hunclet to seik some help for him and be the way shoe met with yow shewiT^ 
and told yow of her husbandis seiknes and ye said unto her that ye haid^®"®^'®- 
UrsuUa Alexanderis snood quhilk he haid keipit since ye put hir in hir Confessis who 
winding scheit and said unto hir that ye wold give it hir and cans bind haid Unuiiaa 
it about hir husbandis waist and if it war the dead manis sting which f"^ft^j}p®*'^*J 
trublit him it wold cuir and heale him. Ye said also that Bessie Spence *^*^® »*• 
hes ay ane sore head, it is ay pained and shoe wold faine have this 
snood fra yow to wear in her head for this snood is good for thame that 
have sore headis, quilk shoe ressavit from yow and band it about hir 
husbandis waist. 

" Item, — ye ar indyted and accusit that yeiris since or thairby Fyiiis. 
Katherin Bamie, upoun ane certain day quhen ye wer out of the hous, 
did goe to your heavie [sic] quhar it did hing upoun the wall to sik for ane strong pre- 
spindle and thairin fand bound in a knott within a clout thrie grasses "^™^^*°'** 
whilk shoe reveilit to Annabill Murray, sumtyme spous to Magnus Corse, 
quha reveilit it againe to hir mother, Margaret Craigie, and shoe told 
Hairie Ingsger, hir husband, thairof , quha took with him Thomas Craigie 
in Savaskaill (being both elderis) they went and found the thrie grasses Denyia. 
bound in a knot and lying in your heavie ; and short efter the said 
Annabill Murray contractit ane lingring disease and nevir recoverit 
thairof quhill shoe died, quhilk wes done be your witchcraft. 

" Item, — ^ye ar indytit and accusit that thrie yeiris since or thairby ciengis. 
quhen Katherin Ethay, spous to John Work in Egilschae, was contractit 
in mariage and proclamit in the kirk with him, and befoir they wer 
mairyit together, ye cam to her and said, 'Quhat now, ar ye going to 



70 REGISTER OF THE COUNCIL. 1643. 



Superetation dwell in Egilflchae? Tak my counsale with 70W and ye be wyse and ye HiareiiazMoiu 
hCTBeifer**'*^8all not speid the worse. Quhen ye ar going out of Rowsay to your^^^"" 
Denyis. awin hou8 to Egilschae, remember to tak home with yow the wash cog 

and the catt of this hous with yow to your awin house/ 
Fyiiis. "And generall, ye, the said Eatherine, ar indytit and accusit for 

contraveining the tennour of the said act of Parliament and for airt and 
pairt of the using and practeising of the witchcraf tis, sorceries, divina- 
tiounes and superstitiounes abone specifeit and in geving yourselff furth 
to have sik craft and knoweledge, expreslie againes the tennour of the 
Ddnyifl. said act of Parliament, thairby abuseand the people, and that by your 

cursingis and superstitiounes that wrongis and hurtis both man and 
beast, quhilk evillis ar brocht to pas by your devilrie and the working 
of the devill, your master, and swa ye ar haldin and reput ane commoun 
notorius rank witch, diviner and sorcer, and thairfoir aught and suld 
undirly the law and be adjudgit to the death thairfoir, and your haill 
gudis and geir escheit and inbrocht to his Majesties use, conforme to 
the lawes and practique of this kingdome. 

"Curia vicecomitatus Orcadensis tenta apud Kirkwall in lie 
Walhous ibidem per ms^trum Henricum Aitkin, vicecomitem 
deputatum, die undecimo Julij, 1643, et affirmata. 
" Com{^irit the procuratour phiscall and producit the panuell with the 
dittay and desyrit the said pannell to be accusit thairupoun. 

" Quha could allege no ressonabill cans why shoe sould not pas to the 
tryell of ane assyse. 

" Assisa. — Magnus Irwing in Ovirgarsen ; William Sabistane in Stove; 
Alexander Kirknes in Myre ; Hew Hourstane, portioner of Hourstane ; 
Alexander Linkletter in Skavie ; Hew Redland in Skaill ; Patrick Miller 
in Aithstoun ; Holland Ingisgar in Wesbuster; Henrie Ingisgar thair ; 
James Alexander in Bankis; Niniane Folsetter in Quendale; James 
Brand in Knarstane ; Robert Mowat in Quendall ; Henrie Harrald in 
Wyr ; Thomas Redland of Redland ; Holland Loutut in Gwe. 

" Upoun the admission and sweiring of the assyse the procurator 
phiscall askit actis. 

"The assyse passing out of judgment electit for the most pairt 
Alexander Elirknes in chancellar and re-entering in ane voice be his 
mouth fyllis the pannell in ellevin poyntis of the particular dittayis 
and also of the generall, and clengis hir of the twelff, referring sentence 
to the judge and dome to the dempstar. (Signed) Allex*^ Kirknes. 
" Acceptis the determinatioun of the assyse and continewis sentence. 
" xij Julij, 1643. Ordanis the pannell to be tane be the lockman, 
hir handis behind hir back, and caryit to the place of executioun and 
thair wirreit at a staik and brunt in ashes, quhilk Hew Hewsone, 
dempstar, gave for dome.'' 



1643. CHARLES L 71 

MiaceUaoeoiiB 5. " Intrat upoun pannell Jonet Beid for the abhominable super- 12th July 1648. ^ 

'^*"* Btitioun, using and practeising of the witchcraftis undirwrittin, 

viz.: — 
'* Ye, the said Jonet Beid, ar indytit and accusit for airt and pairt of case of Janet 
the oontraveining of the tennour of the act of Parliament maid be o^r^mreed^i^ 
umquhile dread sovirane ladie Marie, be the grace of God, Queen of witchcraft. 
Scottis, with the advjse of her thrie Estates in her nynth Parliament, 
that quhair they being informit of the heavie and abhominable super- 
stitioun usit be dyverse of the leidges of this realme be useing of 
witchcraft, sorcerie and necromancie and credens gevin thairto in tymes 
bygane against the law of God, and, for awoyding and away putting of 
all sik superstitioun in tyme cuming, it was statut and ordanit be the 
Queenis majestic and thrie Estates forsaidis that na persoun or personis 
off quhatsumever estat, degrie or conditioun they be of tak upoun hand 
in any tyme thairef ter to use any maner of witchcraftis, sorceries or 
necromancies or give thameselffis furth to have sik craft or knoweledge 
thairthrow abuseand the people, undir the paine of death : And trew it is 
and of veritie that ye, the said Jonet, hes contravenit the tennour of the 
said act of Parliament be useing and practeising of witchcraftis, sorceries, 
divinatiounes and superstitious charmeingis and in geving your selff 
furth to have sik craft and knoweledge and in companie keiping with 
the devill, your master, at dyverse and sundrie places and tymes and 
thairthrow abuseand the people in maner following, and thairfoir and 
for useing and practeising of the said abhominable superstitioun aught 
and suld be adjudgit to the death in example of utheris to doe the lyk. 

" And in speciall ye ar indytit and accusit for airt and pairt of the pyUis. 
abhominable superstitioun, in that about aught or nyne yeiris since 
William Kirknes in Pow, being bigging his bear stak, ye cam to him Fearfaii abuse, 
and offered him ane grass as ye callit it, but to his appearance nothing 
but ane litle quantitie of quhyt moss or fogge and baid him put it in 
his stak, affirmeing that it suld mak himkeip the profeit of his comis soconfeaait acho 
that none suld be abill to tak it from him, which notwithstanding he pj?^^™'°* *** 
refusitto doe saying that he saw no profit in it, quhairupoun ye went™7<^<'' 
away discontented. 

" Item, ye ar indytit and accusit that about the tyme forsaid, ye being oiengis. 
inswoman in the said William Edrknes hous, as he was rysing in the 
momeing, he hard yow say to your doghter, wha was onlie with yow in 
the fyrehous, ye being in the mean tyme drying come with ane hott stone a strong pro- 
on ane flakkie, ' I am drying this corne to the devill,' and with that word^^ch^^to 
he stepped out of the cellar wher he lay and saw incontinent the stone ^® ^^, 
and the whole come ye war drying flie throw the house, so that thair was d^fng 
culd be nevir ane bit of the stane or ane pickle of the come be sein ^Sen^e ^*^ 
againe, quhilk was done be your witchcraft and devilrie, and quhilk y©"**'"?^"}'*^*^ 
offenit in ane sacrifice to the devill, your maister. the come on 

''Item, ye ar indytit and accusit that about aught yeiris since or^******^®^^ 
thairby Bobert Sinclair of Nether 6ei*sand, being impotent at that tyme, 



REGISTER OF THE COUNCIL. 



1643. 



A Htropg pre- 
sumption of 
witchcraft. 

Denyii. 



Fyllis. 

Abu.se. 

Denyii. 
Fyllis. 



abuse. 



benschaw. 



as he gave it out himselff, ye gave Margaret Sinclair, naturall dochter to MisoeiianeouH 
the said Robert, some liquor lyk water in ane stoup and direct hir to put *^**^ 
it twa or thrie seVerall tymes in his meat, and he, having suppit thairof 
within ane night or at most twa after, he fand himselff restorit to his 
wountit vigour and abilitie, and William Kirknes, hearing how the said 
Robert was restorit, jesting with yow, askit yow how ye had helped Robert 
Sinclair, his father-in-law, ye ansuerit if he haid cum to you befoir he 
was married ye suld have helpit him than alsweill as ye have done now, 
quhilk was be your witchcraft and devilrie. 

" Itemy ye ar indytit and accusit that yeiris since or thairby 

Robert Sinclair in Gersand, being efter he haid married his secund wyif 
sore troublit in his sleip with apparitiounes of his first wyif which wexit 
him and disquietit him verie much, he was adwysit be yow to goe to his 
firat wyifis grnve and to chairge hir to ly still and truble him no moir. 

" Item, ye ar indytit and accusit that about nyne yeiris since or thairby 
John Kirknes in Housgar, being heavilie diseasit, ye cam to his hous and 

Charming and said to his wyif * Your husband hes the beanschaw, and, gif ye will, I can 
help him ' ; quhairupoun his wyif cam to him and desyrit him to ryse and 
cum to the fyrehous, quhich he did at his wyfis desyr, and ye said to him, 

CJonfessfa scho ' Guidman, if ye will, I sail charme yow of the boneschaw, ' and he 

anent tiie ™ Consenting, ye gropped all the joyntis of one of his sydes with her hand 
and spake certain wordis ower him, and causit Katherin Kirknes, his 
servant woman, for the tyme repeat everie word efter you at your 
directioun in presens of his wyif and servant woman. 

" It&niy ye ar indytit and accusit that yeiris since or thairby 

ye charmed Elspeth Sinclair, spous to William Kirknes, of the baneshaw 
(as ye callit it), and that ye usit besyd wordis nyne blew stones quhilk 
shoe did put in ane yessell with water, twitching her joyntis with each of 
the severall stones which ye keepit in your lap, and went fourth with 
and efter washed her with the water that was in the wessel in which the 
stones lay. 

" Item, ye ar indytit and accusit that yeiris since or thairby 

ye charmed Henrie Sowie, servitour to Alexander Linklatter in Housgar 
of the boneshaw, and that ye causit ane sone of the said Alexander 

ciiarming and repeat the charmc after you, and that ye usit water and stones as is 
afoirsaid, whilk was alreddie confest be yow ; and the said Henrie, being 
unabill to stirr out of his bed for the space of fourtein dayis befoir, 
recoverit his health and was abill for his work within twa dayis efter 
as ye haid said the charme ower him, quhilk was done by your witchcraft 
and devilrie* 

*• Item, ye ar indytit and accusit that yeiris since or thairby 

that ane of Alexander Linklatteris children in Housgar, being leane and 
ill lyke, ye said that the child haid the hart cake and that, gif he pleasit, ye 
wold cast the hart cake and sie what would become of him, which ye did 
on this maner. Ye took ane pott with water in it and laid the tongcs 
athwhart the mouth of the pott and than laid ^ne codd above the tonges 



Fyllis. 



Charming. 



Confessis. 



FyUis. 



abuse. 
Confessis, 



Fyllis. 

Fearfull abus- 
ing by many 
damnable 
superstitions. 

Confessis. 



1643. CHARLES I. 73 

MiaoetbuMoas and Bott the child on it : thairef ter ye took aue self and set on the childis 
^^ head and set ane cogge full of watt^r in the seive and then laid ane woU 

scheir on the coggis mouth, and then ye took lead and put it in ane iroun 
lamp and meltit it and powrit it throw the boul of the scheir in to the 
water thrie severall tymes devining throw the lead whither the child 
wold recover or not and, quhen ye haid done all, ye gave the child ane 
drink of the said water and he wold be weill [but as yit the child is no 
(deleted)]. 

" Item, ye ar indyted and accusit that yeiris since or thairby Fyiiu. 

ye usit the haill particular charme abonewrittin in all poyntis with ane ck>nfeari«. 
child of Robert Sinclairis in Nether Gersand. 

" And generallie ye are indytit and accusit for airt and pairt of the 
using and practeising of witchcraftis, sorceries, divinatiounes andDenyi^. 
charmes as particularlie abonewrittin and in geving your selff furth to 
have sik craft and knowledge, thairthrow abuseand the people, and that FyWw *"' " 

, . . , . ^ . , .^ t , a common 

by your cursmgis and imprecatiounes ye wrong both man and beast, charmer, 
quhilk evillis ar brocht to pas be the power and working of the devill, 
your maister, and thairfoir ye ought and suld undirly the law and be 
adjudgit to the death thairfoir, in example of utheris to do the lyk." 

"Assisa: — .... 

" The assyse, passing out of judgement, electit for the maist pairt 
Alexander Kirknes in chancellar, and returning, all in ane voice, be his 
mouth fyllis the pannell in the first, thrid, fourt, fyft, sext, sevint, aught 
and nynt poyntis, as also of the generall as a commoun notorious abuser 
and charmer and clengis hir of the secund. (Signed) Allex'. Kirknes. 

'* Acceptis the determinationn of the assyse and continews sentence. 

" xij Julij, 1643 — Ordanis the pannell to be taken be the lockman, 
hir handis bundin behind her back, convoyit to the place of executioun, 
wirreit at a staik and brunt in ashes." 

[On a leaf of paper inserted] " Depositions against Janett Reid, taken 
up at the kirk of Sand wick, the 14 of May, 1643. 

(1) Imprimis, depones Williame Kirknes in Fowe that aboutt eight or Fearfuii abuse, 
nyne yeares since, he being bigging his bear stack, the said Janett came 

to him and offered him ane grasse (as shoe callit it), bot to his appear- 
ance nothing bot ane little quantitie of whyte mosse or fogge and bade 
him putt it in his stack, affirming that it should make him keip the 
profitt of his cornes, so that none should be able to take it from him, 
which notwithstanding he refuised to doe, saying that he sawe no proffitt 
in it, wheirupon shoe went away discontented. 

(2) Further, the said William depones that (the said Janett being a strong pre. 
inwoman in his house aboutt the time abowreatten) as he wes rising ane^^^° °^ 
morning he heard her say to her daughter (who wes only with her in the *^« <*«™- 
fire house) shoe being in the meanetime drying come with ane hott stone 

on ane flakkie, * I am drying this come to the dewill,' and that with 
that word he stepped out of the cellar wheir he lay and sawe incontinent 
the stone and the whole .come shoe was drying flee through the. house 



74 REGISTER OF THE COUNCIL. 1643. 

80 that their could nevir ane bitt of the stone or ane pickle of the corne MUueiianeoiis 
be seene againe. ^^^ 

A itrong pre- (3) Thomas Edrknes in Housgair depones that, he being serwitour to 

idtc£<^St! Robert Sinclair of Garsend aboutt eight yeares since, he sawe the said 
Janett give unto Margarett Sinclair, naturall daughter to the said Robert, 
ane stoope with some thing in it hot knewe not what it wes and that he 
sawe the said Margaret afterward pour out of the same stoope in the 
. said Robert his meatt, who at that time wes impotent, as he gave it out 
himselff, and that it wes done as he suspected to cure the said Robert, 
his master, at that time. 

*' Robert Sinclair depones in this same poynt that his daughter forsaid 
bade him indeid suppe such meatt as shoe then presented unto him 
(which to his knowledge wes the verie same that his serwant forsaid 
sawe something poured in out of that stoope which his said daughter 
receaved from the said Janett) and that his said daughter said unto him 
as shoe presented the meatt, ' Suppe, it will doe you good,' which he did 
and within ane night or at most [twa] after fand himself restored to his 
wonted vigour and abilitie. 

" Margarett Sinclair forsaid depones in the same poynt that the said 
Janett came to her and gave her some liquour in a stoope like water, 
and bade her putt of it in her fathers meatt and that shoe did it two 
severall times. 

" Williame Kirknes in Powe depones in this same poynt that he, 
being on ane time jesting with the said Janett and asking her whither 
or not it wes shoe that had helped Robert Sinclair, his father-in-law, 
shoe answeared. ' If he had come to me befor he wes married, I should 
have helped him then alsweill as I have done now.' 

Abuae. (4) Robert Sinclair forsaid depones that he being, after he had married 

his second wiff, troubled in his sleep with apparitions of his first wiff, 
which wexed him and disquieted him verie much, he was advysed by 
the said Janett to goe to his first wiff her grave and to charge her to ly 
still and trouble him no more, hot that he refused to doe it. 

(5) Further, the said Robert depones that about saxe yeares since the 
said Janett came to his house and that his wiff gave her ane cowes milk 
and that that cowe the next time shoe wes milked gave nothing but 
blood and continued so for two dayes space, which blood dogges wold 
not lick when it wes casten foorth and as for the cowe shoe dwyned 
still after for ane long time and never recovered untill shoe died. 

Charming and (6) Johnc Eirkucs in Housgair depones that aboutt nine yeares since, 
he being heavily diseased, the said Janett came to his house and said to 
his wiff, ' Your husband hes the bone shawe and, if he will, I can helpe 
him, wheirupon his wiff came to him and desii*ed him to rise and come 
beout, which he did at his wiffs desire, and that, when he came beout, 
the said Janett said, 'Goodman, if yee will, I shall charme 
yow of the boneshawe,' and, he consenting, shoe groped all the joynts of 
one of bis sides with her hand and spake ceirtaine words over him, 



1643. CHARLES I. 75 

MiaediaoMMi which lie does not remember, Eatherine Kirknes, his aerwant woman for 
*^ the time, repeating everie word after her at her direction, which shoe 

did in presence of his wiff and serwant woman forsaid, but that he 
thought himselff never ane white bettered by the meanes. 

(7) Elspett Sinclair, spouse to William Kirknes in Powe, depones that charming, 
the said Janett charmed her of the bone shawe (as she called it), and 

that shoe used beside words nine blewe stones quhilk shoe did 
putt in ane wessell with water, touching her jojnts with each of the 
severall stones which she keiped in her lappe and went foortb with 
whether shoe knewe not, and after washed her with the water 
that was in the wessell in which the stones lay. Con[fest?] 

(8) Alexander Linkletter in Housgair depones that the said Janett charming and 
charmed his serwant, Henrie Sowie, of the bone shawe and that shoe^^"^' 
caused ane sonne of his repeatt the charme after her, and that shoe 

used water and stones, as is aforsaid, which shoe also confesses, and that 
the said Henrie, being unable to stirre out of his bedde for the space of 
fourteene dayes befor, recovered his health and wes able for his worke 
within two dayes after shoe had said the charme over him. 

(9) Further, the said Alexander depones that ane child of his being rFear^uii 
leane and ill like, the said Janett said that the child had the bartcake and by^a^v 
that if he pleased shoe wold cast the hartcake and see what wold '^"^tiona 
become of him, which also shoe did in this maner. Shoe tooke ane pott 

with water in it and laid the tonges athwart the mouth of the pott and 
then laid ane codde above the tonges and sett the child on it, thereafter 
shoe tooke ane sieve and sett on the childs head and sett ane cogge full 
of water in the sieve and then laid ane wooll sheir on the cogges mouth 
and then shoe tooke lead and did putt it in ane iron lampe and melted 
it and poured it through the bowle of the sheir into the water three 
severall times, divining by the lead whether the child wold recover or 
not, and, when shoe had done all, shoe gave the child ane drink of the 
said water and said he wold be weill, bot as yet the child is neither 
better nor worse than he wes. Conf[est.] 

(10) The verie like in all poyntsshoe did to ane child of the forsaid 
Robert Sinclair his as [sic] is deponed by the said Robert and his spouse 
and confessed by herselff. 

Nota, that these things were done since she was acted in the session 
for abstinence." 

6. Note of executions on 15th July, 1643, by Alexander Dunbar, i5th July 
messenger, of a summons at the instance of Sir Thomas Hope of Craig- ^^^' 
hall, his Majesty's Advocate, and Robert Dunbar of Burgie and others ezMutions ait 
as narrated ante, No. 3 ; (1) against John Dunbar, elder of Hemprigs, R^ji°rt SSSbw 
and William Dunbar, his brother's son, at the dwelling house of the former, of Burgie, and 
where both reside, and against James Dunbar, his brother, personally appre- John Dunbar, 
bended, to compear before the Council at Edinburgh on 3rd August ri^',^d^®"P" 
next; witnesses, Alexander Bruntfeild in Struderis, Andrew Sutherland ^^®"' 



76 REGISTER OF THE COUNCIL 1643. 

in Hempriges, and Robert Dunbar and John Vatsone, servitors to the Mneeiianeoiis 
goodwife of Burgie, elder; and (2) against William Peter in Earnesyd, ^*^"* 
John DicJk there, Gilbert Vatsone in Cautfald, Thomas Hatmaker there, 
James Syme in Haltone, Andrew Dick in Haltone, John Russall in 
Haltone, and Andrew Sutherland, indweller in Hempriges, all personally 
apprehended, to appear as witnesses in the above cause; witnesses, 
James Falconer, portioner of Cautfald, John Sime in Haltone, Robert 
Farquhar in Vastfeild, Alexander Falconer in Haltone, and Robert 
Dunbar in Hempriges. 

lat Auguat 7. Supplicatiou by Alexander M^^Dowall of Logane, Uthreid McDowell 

g^'^Y . of French, Alexander M^Culloch of Ardwall, Andrew McDowell of 

hv iUoxander Killester, and Quintin M^Dowall of Barlochart, for themselves and for 

LQ^ne?aiid ^^^^^ wives, and Sarah Dumbar, widow, as follows : — They have been 

others that charged at the instance of Mr James Bonar and Mr Gilbert Power to 

their wivea ^ 

whom, at the producc and enter their wives within the tolbooth of Edinburgh until 

JaniM^Bowar'^' Order be taken with them for opposing Mr James Bonar's receiving 

G«bort* Power ^^® ^^^^ ^^ Gilbert Powcr to the kirk of Staniekirk, in terms of 

they have been their Lordships' Ordinance dated 1642. "And we acknow- 

enter within ledging our sclffis to be bund in all dewtie to geve all obedience to your 

Minbiu^^ **' Lordships have moved our saidis wyffes, altho manie of thame be weak, 

and whom the seiklie, and not able to undirtak a journey of fy ve score myles, to leive 

have broaght thair families and childrein destitute, some of thame being heavilie 

bui^h,'may be diseased, ar now come to this toun overwearied with travell, as some of 

retu*mto*thoir ^'^^^^ *^ ^^ danger to Contract seiknes to the extreme danger of thair 

homes. lyffcs. And we persuading our selffis that the toyle and disease they 

have indured in thair so long a journey haith bein a greater punisch- 

ment unto thame than your Lordships iutendit in justice to so poore 

and weik weomen, and becaus since your Lordships ordinance our saidis 

wyfes, according to the act of our presbitrie have satisfied for the 

scandall of the fact by making publict confessioun thairof," they crave 

their Lordships to mitigate the sentence and set them free, " sufifering 

them to returne to thair familie and childrein." They shall thus have 

occasion to pray for their Lordships and shall obey whatever they may 

be pleased to impose. [On the back] "Edinburgh, primo Augusti, 

1643. The Councel ordans maissers to passe and charge M' Gilbert 

Power and M' James Bonar to compeir on Thursday, and to produce 

thair decreit and letters of horning to heere and sie the same suspendit, 

and in the meane tymc continowis all execution. (Signed) Arch. 

Primerose, Cler. S. Cons." Also, note of execution on 3rd August, 

1643, by Mr John Henrysone, messenger, against Mr James Bonar and 

Mr Gilbert Power, ministers, both personally apprehended in Edinburgh, 

to compear this 3rd of August before the Council; witnesses, Mr 

Mathew Weymes, Mr John Gibbisone, and Mr John Edmonstoun, 

ministers. [On the margin] " 3 Augusti, 1643. Suspenders be the 

husbands ; chargers personalie. Continowis till Tuesday." 



1643. CHARLES I. 77 

3fti5ioelUuieoitt 8. "4 AugUSt 1643. 4th Augiut 

^'*"' Andro Dick in the Halton of Kinlosse, sworne, depons he saw the if^^" .,. . 

Depositions in 

houses lybellit standing up at night, bot they were doune er the morne ; a demolition 
bot knowis not how nor be whome. ^^**®' 

William Petre of the age of 50 yeeres, maried, depons conformis, 
Andro Bussall in Halton, of the age of 26 yeeres, sworne, depons 
conformis. 

John Dick in Eamsyde, conformis" 

9. Supplication by Archibald, Marques of Argyle, as follows : — *' At 8th August 
the first going of the Scots armie to Ireland and since, I, out of my ' . 
affection to his Majesties service, did advance and send over certane i>y Archibald, 
quantities of victualls and others necessars for the good of that armie," Ai^ie%neut 
as will appear by his accounts, which he craves that they will ordain ^^^^^^J^* 
William Thomesone, general commissary of the said army, to receive neceesaries 
and pay with similar accounts. [On the back] ''Edinburgh, 8 August, to the army in 
1643. The Councel gives warrand to William Thomesone to ressave''®**"^' 
and take tryell of the compts of what hes beene furnished be the 
supplicant ; and declars that the samen being cleared and compted sail 

be ressaved in and be payed with the moneyes dew to these furnished 
be contract ; it being alwayes allowed in the first end of the arrears dew 
to his i^giment, and the pryces being suche as wes gevin to others at 
that tyme, and they being keeped in the same fitting with the rest of 
the armie. (Signed) Loudoun, Can"rius, I. P. D." 

10. Note of execution by Patrick Andersone, messenger, on 14th I4th August 
August, 1643, of a charge at the instance of James Dalgleische, ' 
merchant burgess of Edinburgh, against James Arnat, personally appre- execution at 
hended within the burgh of Edinburgh, to pay a debt of 1000 merks^f jLm!^"*''' 
for which he is cautioner, with 38 merks of interest, and 200 merks of ^J^haiS' 



expenses, within six days; witnesses, Mr Samuel Blaikburne, merchant burgess of 
burgess of Edinburgh, and Thomas Wricht, tailor, burgess of the ag^h,8t7an 
Cannogait. ^™°*- 



ames 



11. Summons at the instance of fiichard Bowstoun in Dernick, leth August 
narrating that Michael Fisher, Alexander Fisher, his son, William Fisher, ^^^^' 
Andrew Kennedie, John Moss, James Simsone, Nicol Mos, James Fisher, the instance of 
Robert Mercer, younger, William Spotswod, James Hietoun, George ^'^^jjj^^'*®" 
Hownem, James Mudie, John Ischer and John Mercer in Dernick, and JP^^*, p, . 
Andrew Mercer in Baitsheill, for themselves, and in name and behalf of and others, 
the rest of the inhabitants of Dernick, have cited the complainer before 
the bailie of Melros for the alleged resetting " of three falls of beir 
extending to fyve pecks of corne or thereby,'' and that the said bailie 
intends to proceed in this action, but wrongfully, because, 1st, when for 
the same offence the complainer was orduined by the said bailie and his 
deputes to be banished from the lordship of Melros, he suspended the 



78 



REGISTER OF THE COUNCIL. 



1643. 



said decree upon good reasons, specially " that the said beir wes bought Misoeiianeoos 
be him frome Johne Mudie and James Thomsone, servitours to the saids^^"* 
Michael and Alexander Fishers, of bounteth come by and attour their 
fee for their service " ; and he has raised action of reduction before the 
Session of the said decree ** as being given in a criminall mater be a 
baillie of regalitie without commission, the theefe not being tane rid 
hand" : 2nd, these two persons from whom the complainer bought the 
corn are hired servants to the said Alexander and Michael Fisher and 
dwell in the said lordship, and yet were " never called to their answer, 
and so it is veria partiall dealing to suffer the principall actors to 
remaine uncensured and banish the compleaner " : (3) " Hew Scot of 
Galloscheills, baillie of Melros, is secund and thrids of kin with Thomas 
Linlithgow, chalmerlane of Melros, whois daughter Alexander Fisher, 
one of the persewers, hes maried ; lykeas William Wallace, clerk of 
court, is sone in law to the said Michael Fisher," and so ought not to sit 
upon the complainer's life. Charge is accordingly to be given to the 
above persons, and the bailie, procurator fiscal and clerk to appear 
before the Council on 2nd November next. Meanwhile suspension is 
granted to the complainer until 10 th November, as he has found caution 
in the bookes of Adjournal to appear before the Justice and his deputes 
whenever lawfully chained so to do. The summons is dated at Edin- 
bui^h, 16th August, 1643, and signed Arch. Primrosb Cler. S. Cons. 
On the. back there is a note of execution on 19th August, 1643, by 
John Hamiltoun, messenger, who went to the burgh of Melros, and, 
finding the bailies and clerk sitting in judgment, discharged them from 
all further proceeding in this case, and to compear as within directed ; 
witnesses, Robert Blindlie, James Cairncross, fiar of Hilslap, and Andrew 
Tinno, messenger in Melros. There is also the following docquet — " At 
Melrois, the xix day of August, 1643. Prodtu^tum per Joannem ffamil- 
toune, nurUium et admismm. W. Wallace. Before thir witnesses, 
Robert Pringill of Blindlie, James Cairncrosse, fiar of Hilslope, Andro 
Tinno, messinger." 



6th OctolMr 
1643. 

Summons at 
the inatance 
of James 
Bordlands, 
and others, 
portioners and 
tenants in 
King's Stables, 
against James 
Cranstoun, 
deacon of the 
cordwainers 
of Edinburgh, 
and others, 
members of the 
craft of cord- 
wainenu 



12. Summons at the instance of James Bordlands, maltman at the 
West Port of Edinburgh and portioner of the land called the King's 
Stables, John and Clement Brotherstanes, also portioners there, John 
Moir, James, Robert and Thomas Broun, William Elder, John Hepburne 
and John Mawers, cordiners, tenants of the said lands, narrating that 
they have been in peaceable possession and occupation of the said lands, 
and the said tenants have exercised their trades and brought their work 
to the market of Edinburgh on market days and sold the same there 
without challenge for many years past until that lately, on 22 nd Septem- 
ber last, James Cranstoun, deacon of the cordiners of Edinburgh, John 
Pollock and John Fithie, cordiners there, came to the houses of the said 
tenants in King's Stables, where they have no power nor jurisdiction, and 
threatened to demolish and break down the houses if they dwelt or 



1643. CHARLES I. 79 

MiieeiiaMoiis wrought there. Further, on the 2 7th of that month, when the said tenants 
^^' were selling their work in the public market of Edinburgh, the said deacon 
and others came to the complainers and took three pairs of boots from John 
Moir, one pair from Bobert Broun, one pair from James Broun,three pairsof 
shoes from Thomas Broun, two pairs from William Elder and a pair from 
either of John Hepbume and John Mawers, and these they retain, and 
the petitioners cannot pursue their calling because of the violence with 
which they are threatened. Charge is given for citing these persons 
complained upon to compear before the Council on ; dated at 

Edinburgh, 6th October, 1643, and signed Arch. Primerose, Cler. S. 
Cons. On the back there is note of execution on 10th October, 1643, 
by James Hamiltoun, messenger, against the deacon and whole cordiners 
and shoemakers at their dwelling houses in Edinburgh; witnesses, 
Andrew (Jeddie, messenger in Edinburgh, and James Foullis, sheriff 
officer there. [But this note is scored through, and on a paper attached 
to the summons are the following three notes of execution by George 
Neill, messenger: (1) On 20th November, 1643, i^inst James Crans- 
toun, John Pollock and John Fithie, all personally apprehended, to 
appear before the Council on 2l8t November instant; witnesses, James 
Grahame and Alexander Porteous, messengers ; (2) on the same day, 
against William Simsone, cordiner in Leith Wynd, personally appre- 
hended, and John Bowy, cordiner in Edinbui*gh, at his dwelling house 
to appear as witnesses in this cause; witnesses, the said Alexander 
Porteous and John Kyninmont in Edinburgh ; and (3) on 2 1st 
November, 1643, before noon, against Robert Cler ksone, hammerman in 
Edinburgh, and William Hamiltone, cordiner there, both personally 
apprehended, also as witnesses, the charge being given before the same 
witnesses as in the last. 

13. Summons at the instance of Sir Thomas Hope of Craighall, his aeth October 
Majesty's Advocate, and of Margaret Naper, Lady Eassyth, and^^^* 
Alexander Stuart, her son, narrating that, in contravention of the laws thei^noe 
prohibiting the convocation of the lieges, on 19th October instant Charles ^j^^*J*^ 
Alexander, accompanied by John Yowman, his servant, John, Laird Steill, Kawytli, 
Alexander and James Steill, his sons, Alexander Alexander and John ^zander and 
Alexander, his son, in Drymine, Alexander Keid and Alexander f^^^g 
Harrower in Baharly, Robert Drysdaill, John Watts elder ai^d^^^^J^' 
younger, John Dickie, John Dempstertoun, David, William and James working on her 
Drysdaill, Thomas and Christie Bums and James Ewart in Wester gj^ndon. ^ 
Tillicultre, John Harla, Thomas Duffie, John Bowy, John, James and 
Alexander Harrower, Martin Patoun, Bobert and Alexander Huchesons 
in Easter Tullicultrie, and others, armed with swords, staves and other 
invasive weapons, '^ came all over the water of Dovan to the said ladie 
her coaleheuche of Shendall, tooke the work loomes frome her servant 
working there and discharged him under the pane of his hanging to worke 
anie more, and putt away two men of Gartwhingyian who came for 



80 REGISTEK OF THE COUNCIL. 1643. 

coales. And that same night the said Charles, accompanied with MiaeeUaneoas 

Alexander and James Steill, Alexander Reid and Andro Alexander sett *^"' 

upon ane boy, being carying ane laid of coales for furnishing the said 

ladie her owne chamber fire, and the said Andro Alexander strake him 

with a battone, and drew ane whinger to putt the same throw his cheekes, 

cutted the hors helter and tooke the laid from him. And upon the 

morne thereafter in the afternoone the said Charles, accompanied with 

the haill persons foresaids and diverse others, came to the said coaleheuch 

and went doun to the coale pott with some of his servants and tooke the 

coale picks and others instruments from them and putt them all away, 

and thereby intends to lay the compleanners coale waist." Charge is 

given for citing these persons complained upon, before the Council 

on next ; and also for the citing of as witnesses. The 

summons is dated at Edinburgh. 26th October, 1643, and signed 

Arch. Primbrose, Cler. S. Cons. 

8th November 14. Note of execution on 6th November, 1643, by John Scobie, 

• messenger, of the summons (No. 13 supra) against all the persons therein 

execution by complained upon, some personally apprehended and some at their 

mewe^r!** dwelling placcs, (John Demperstone being here called James) ; as also on 

^"s'daie'in" ^^^ ^^^ ^^^ *** ^^® market cross of Clackmannan; likewise against 

Manse of the foUowing persons as witnesses, — John Drysdell in Manes of Duller, 

others.**^ Thomas Drysdell there, and Alexander Leckie, all personally apprehended, 

also Symon Drysdell, James Furgnes, and James Cunssing at their 

dwelling places ; witnesses, Alexander Reiddoch in Garfin, James 

Patton in Baupertie, Thomas Burn in Tullcuutre and Alexander 

narrower there. 

7tb November 15. Summons at the instance of Sir John Sinclair of Stevinsoue and 
i ' Mr Geoi'ge Douglas, minister at CuUen, narrating that on the 3d, 19th 

Summons at i^v^t «/.o^* .ir^. -.xr 11^ * T^ i 

theinstance of and 21st January, 1637, respectively, Sir Walter Innes of Balveny, 
linciair^of Walter Innes, apparent of Auchlonkhart, Adam DufiF of Driminoir, 
Mr^Geo^V"** -^''c^i^*!^ Inncs of Haltoun and Walter Innes of Balcormy were put to 
DoiigiAs, the horn for not paying to Sir John the sum of 5000 merks with 
Sinen,'agaiMt interest and expenses, and on 14th June of that year the said Sir 
innM of"*^ Walter and Walter Innes and Adam Duff were denounced for non- 
Baiveny, and payment to the said Mr George, and Jean Stuart, his spous, for them- 
selves, and in name of George and Elizabeth Douglas, their children, of 
the sum of 2000 merks and interest and expenses, as also for non- 
payment to the said Mr George for himself and in name of Marie 
Douglas, his daughter by Katherine Stuart, sometime his spouse, of 1000 
merks with interest and expenses. But to these hornings they take no 
heed. Chaise is therefore given to cite them to appear before the 
Council on 7th January next; dated at Edinburgh 7th November, 1643, 
and signed Arch. Primerose, Cler. S. Cons. 



1643. CHARLES I. 81 

MisceiianeoDt 16. '' My very honorable good Lordis, Haveing receavit a letter from I8th November 
^*^'*' the Erie of Derby the eleventh of this instant derect from the He of J^f , 

Letter from 

Man, I have thought good to send the same to your Lordshipes that ye Lord Newark 
may considder of the same. My ansuer to him was that it was for no fetter^^-the* 
private man to medle thairein, and his lordships best course was to ^^^ °' Derby, 
wryte to your Lordships of his Majesties Counsall, who I knew in your 
wisdomes would tak such course as his lordship and his people micht 
have content. This I have taine occasioune to doe leist your Lordships 
micht be misinformed of me who shall never be wanting quhairin I can 
serve the countrie and your Lordships, and so I remaine your Lordships 
most humble servant. (Signed) Newark. Clarie, the 13 th of November, 
1643." 

[Addressed on back] " For my very honorable good Lords off his 
Majesties Privie Counsall, thaise." 

17. ** 15 Novembris, 1643, in presence of the Lord Register. isthNovember 
Ladie Eassyths witnesses — Johne Drysdaill, suorne, depons he knowes^ ' .^. 

, , , • rt, .,.,,,,. 11 1 • /« »« 1 • Depositions 

the heuche of SheirdaiU hes lym ydle thir 6 or 7 yeeres unpossest be anie,anent the case 

and the last time he knew anie to be wrought in wes about 7 yeeres ^^yt^g 

since be Duncane Drysdaill, to whom at that time Charles Alexander <'oa^"«"«i»»- 

and his men made interruption, and that there wes no working thair 

since ; and depons that the ladie entered not to the heuche till a day or 

tua before the last ryot libelled, and at that time the depouner wes there 

where he saw Charles Alexander with about 30 men come to the coale 

heuche who had no other weapons but ganging stafTes, and that Charles 

went doun to the coale heuche and cast out the coalyers instruments, 

which the ladie refused to take, and so the said Charles caused his men 

take them away ; and declares that the ladie would suffer none to goe 

in to the coalheuche except the said Charles himselfe alone except one 

man who went doun and brought up the coilyer and that he heard 

Charles discharge the coilyers to work anie there, and knowes no farther. 

" Thomas Drysdaill, suorne, conformis in omnibus. 

" James Cuissine, suorne, depons the coale of SheirdaiU hes not beene 
wrought thir 6 or 7 yeeres till about Martimes and a little before that 
the ladie entered to the coale, and knowes no farther at all. 

" Symon Drysdaill, suorne, conformis primis duobvs testibus, 

" James Fergus, conformis. (Signed) M. A. Gibsone Duiie. 

18. Bond of caution by John Greirsone of Nether Keer for Homer letb November 
Maxwell, brother german of Alexander Maxwell of Conhaith, and for J^^^'. 
Edward Herres, brother german of the deceased John Heires of Mabie,john^reir8on 
that they will compeare before the Council at Edinburgh on 14th^gg®fQ®'' 
December next and answer to the chaise of conniving at the escape of H°™®'jj . 
Bobert Maxwell, brother serman of the said Alexander, out of a chamber for Edward 
within the burgh of Drumfres whereto he was directed by the commission- they wiu 

ers of the shire until he had found caution to compear before the Council ^I'P^^^^^y"' 
VOL. vm. F 



82 REGISTEB OF THE COUNCIL 1643. 

to answer for his excommaaication and rebellion, under the penalty of MiaooUan< 
500 merks and expenses in case of failure; dated at Drumfres, 16th ^^^ 
November, 1643; witnesses, John Johnstone, bailie of Drumfres, Thomas 
Irwing, merchant, Mr Cuthbert Cunyngbame, burgh clerk of Drumfres, 
and James Maxwell, his servant. (Signatures.) 

16th November 19. Bond by Alexander Afaxwell of Conhaithe narrating that William 

Bond b Douglas of EcUheid, Sir Robert Greirsone of Lag, James Dowglas of 

Alexander Mowswald, John Crechtone of Crawfurdston, Mr John Corsane, provost 

Conhoith^ of Drumfres, and Thomas Makburnie, one of the bailies thereof, have in 

wniiam^^**^ terms of a commission granted to them on 5th July, 1642, by the Privy 

DougiM of Council, apprehended Robert Maxwell, his brother german, as an excom- 

otkershave municated rebellious papist, who was so designated to them by Mr 

^^rt^°**^ William Makjore, minister at Carlaverok, moderator of the presbytery 

Maxell, hia of Drumf rcs ; and obliging himself as cautioner that his said brother will 

german, as an compear before the Council at Edinburgh on 14th December next and 

cateirpap^t answer to this charge under the penalty of £1000 Scots; dated at 

Drumfres, 16th November, 1643; witnesses, Thomas Rome, apparent of 

Irnegrey, John Corsane, eldest lawful son of the said Mr John Corsane, 

and Mr Cuthbert Cunnynghame, burgh clerk of Drumfres. (Signatures.) 

17th November 20. Similar bond of caution by the said Alexander Maxwell of 
Similar bond Conhaith in 1000 merks for the compearance of Jeane Maxwell, spouse 
bytheaaid to Johnc Irwing, merchant burgess of Drumfreis, who is presently 
Maxwell. incarcerated within the wardhouse of the said burgh as '* ane excom- 
municate rebellious papist " ; dated at Drumfres, 17th November, 1643 ; 
witnesses, John Herres of Mabie, James Newall, smith, burgess of 
Drumfres, Mr Cuthbert Cunynghame, burgh clerk of Drumfres, and 
James Maxwell, his servant. (Signatures.) 

^th-27th 21. Notes of executions by James Forrest, messenger, of a summons 

1643. at the instance of James Weir of Kirkfeild and John Muir and John 

Notes of Stewart; his servitors; (1) On 25 th November, 1643, against John 

executions of » \ / ' » o 

summons at Banuatync of Corhous, at his dwelling place of Corhous, and Christo- 

JamM wdr of P*^®^ Baunatync in Overhall and Robert Tailzefeir there, at their 

^eHT^^jSnst ^^^^^^"g houses, to compcar before the Council at Edinburgh on 30 th 

John Bauatyne November instaut ; witnesses, James Forrest and George Gray, students 

and ottje^sf*' in Lauork : (2) On the same day against John Puniphray, elder and 

J. . . Braikenrig, both personally apprehended, and against Christopher 

Bannatyue at his dwelling house in Byll of Corhous by delivery of a 

copy of the summons to Bessie Galla, his spouse ; before the same 

witnesses: (3) On 27th November, 1643, against James Brentoune, 

Christopher Pumphray and James Schirulaw, all personally apprehended ; 

witnesses, William Wilsone, burgess of Lanerk, . . . Steill in 

Helisgill and William Wilsone in Kinkaidyow: (4) On 25 th November, 

1643, against William Dick in Culterschogill, personally apprehended, 



1643. CHARLES 1. 83 

Mtaodianeons aud against Thomas Frett, at his dwelling house in Overhall ; witnesses, 
**^ the foresaid James Forrest and Geoi^e Gray: and (5) On 28 th Novem- 

ber at the market cross af Lanark, against John Bannatyne of Corhous, 
Cristopher Bannatyne and Bobert Tailzefeir, principal parties, and 
Thomas . . . ; witnesses, William Lithgow, burgess of Lanerk, and 
Andrew Alisone there. 

22. Supplication by James Wallace, merchant, as follows: — He rundated <-. 
entertained . . [torn] " De Vorseum, lait agent for the French imSJ™^^ 
king, in ludging and dyet during his abaid heir, who went away and SupDiication 
[left] unpeyed to me four thousand fy ve hundreth merks, as appeires by wiiia^ 
his subscryvit accomptis." He intends proceeding to France to suit"*®*^^**^** 
payment and understands that the proper and best course is to obtain a agent of the 
duplicate of his commission so as to prove him a person publicly wb^m he i^ 
authorised by that country, and that, if he will not or cannot pay, thej^^^jj^'^^^.j^ 
supplicant may petition those who commissioned him to come here for Edinburgh. 
his satisfaction. He therefore craves that the Clerk of Council may be 
authorised to give him this copy and a warrant for his passage to and 

from France in case he is challenged by the Parliamentary forces by sea 
or land. 

23. Note of execution on 15th December, 1643, by James Petrie, 15th December 
messenger, of a summons at the instance of Sir John Sinclair and Mr^f^^- 
George Douglas against Sir Walter Innes to compear before the Council fx^TOution of 
at Edinburgh on 2d January next upon pain of letters of treason ; wit- JSrSstance of 
nesses, Patrick Grant, brother german to the Laird of Grant, Alexander Sir George 
Innes in Oldmilins, Walter Innes of Orttane and Walter Innes, portioner ai r^George 
of Diumnakaiich. ^^^^ 

Walter Innes. 

24. " Scrow of Johne Jowsies accompt, 1643. Account of the 
" FoUoweth the accompt of Johne Jousie his recepts of the volontourbuted^hTioMi 

lone made be the Lords of his Majesties Privie Counsell, the Commis-^^^^^J!*®*^PP^r* 

" m army in 

sioners of Peace and Comoune Burdings, as heirunder is exprest, for Ireland by 
relife of the Scottish armey in Ireland, anno 1643. CouncU, and 

the Commis- 
Rionen of 

Marche 6. — Sir Thomas Hope, his Majesties Advocate, c^on"* 

tuo thowsand four hundreth pound, . £2400 Bnrdena. 

„ 7. — ^The Lord Balmerinoch, six thowsand pound, 6000 

„ 7. — The Earle of Lotheane, six thowsand pound , 6000 

„ 7. — ^The Earle of Lawtherdaill, six thowsand 

pound, 6000 

7. — The Earle of Cassellis, six thowsand pound, 6000 

„ 7. — ^The Earle of Lindsay, six thowsand pound, 6000 

„ 7. — Sir Archibald Johnstowne of Warrestoune, 

tuo thowsand four hundreth pounds, . 2400 



84 REGISTER OF THE COUNCIL. 

Marche 7. — Sir Adame Hepburne of Humbie, tuo 
thowsand four hundreth pound, . . i 

„ 7. — James Swoord, bailie of St. Androse, six 
hundreth pound, .... 

„ 8. — Lord Marques of Argylle, tuelve thowsand 
pound, . . . . 1 

„ 10. — The Earle of Eglingtoune, six thowsand 
pound, ...... 

„ 10. — The Lord Burghlie, thrie thowsand six 
hundreth pound, .... 

^^ 10. — ^The Laird of Wauchtoune \ amongst them 
„ 10. — The Laird of Innes >six thowsand 

„ 10. — The Laird of Cammo j pound, . 

„ 10. — The Lord Yeaster, thrie thowsand six 
hundreth pound, .... 

„ 13. — The Earle of Lewen, six thowsand 
pound, ...... 

^^ 17. — Sir David Home of Watherburne, tuelve 
hundreth pound, .... 

„ 18. — Sir Charles Ersking of Camboskeneth, 

tuelve hundreth pound, 
„ 23. — Sir James Carmichall, Thesaurer deputt, 

tuo thowsand four hundreth pound, 
„ 23. — Sir Gilbert Ramsay of Balmaine, tuelve 
hundreth pound, .... 

„ 23. — Sir Johne Hamiltoune of Orbistoune, tuo 

thowsand four hundreth pound, . 
„ 31. — The Lord Chanclour, six thowsand 
pound, ...... 

Apprylle 4. — ^The Earle of Morray, six thowsand 
pound, ...... 

„ 6. — Sir Johne Wauchope of Nithrie, tuo 
thowsand merks, .... 

„ 2 8. — Sir Alexander Clerk, provest of Edinburgh, 
on thowsand merks, .... 

„ 28. — The Earle of Glencairne, six thowsand 
pound, ...... 

„ 28. — Johne Benni, merchant of Edinburgh, six 
hundreth pound, .... 

„ 28. — Sir Patrick Hamiltoune of Littill prestoune, 

tuelve hundreth pound, 
„ 28. — Sir Thomas Ruth win of Frieland, tuelve 
hundreth pound, .... 

„ 28. — George Gardin, bailie of Bruntiland, six 
hundreth pound, .... 





1643. 


2400 





MiaoaUanoons 
Q Papers. 


600 








2,000 








6000 








3600 








6000 








3600 








6000 








1200 








1200 








2400 








1200 








2400 








6000 








6000 








1333 


6 


8 


666 


13 


4 


6000 








600 








1200 








1200 








600 









1643. 



CHARLES 1. 



85 



Mi^ceiianeoos FoUoweth Johne Joussie his recept of the wolluiiter lone maide be Account of tho 
^P®^ the gentrie and utheris in the sehirrefdome of Fyfe for reliflfe of the butedTn i"an 

Scottish armey in Ireland, anno 1643. 



by the gentle- 
men and 
others of the 
sheriffdom of 
Fife for the 
£666 13 4 same purpose. 



. . . Johne Gibsoune, on of the Clerkis of Sesioune 

. . one thowsand merkis, 
May 1 .-—Johne Inglish of Kirkchaldy, for himself e and 

on thowsand marks, 666 13 4 

„ 16. — rRobert Ritchardsoune in Bruntiland, fyve 
hundreth merks, ..... 
„ 16. — Patrick Angus thair, tuo hundreth merkis, . 
„ 16. — Thomas Gourlay thair, fyve hundreth merks. 
June 3. — Johne, Lord Melvell, fyve thowsand merks, . 
„ 6. — Andrew Watsoune in Bruntiland, on thow- 
sand merks, ..... 
„ 1 3. — James Melvell of Halhill, tuo thowsand merks, 1333 
,, 13. — Robert Balfour, brother to Mitchell Balfour 

of Graindge, four hundreth pound, . 400 

„ 29. — Johne Amote of Woodmylne, four hundreth 

merkis, 266 13 4 

FoUoweth Johne Joussie his recepts of sowmes receaved be him f rome Sums contn- 
the nighbouris of Edinburgh for the woUountour lone made be them for^tiwn!*of*^^ 



333 


6 


8 


133 


6 


8 


333 


6 


8 


3333 


6 


8 


666 


13 


4 


1333 


6 


8 



the relife of the armey in Ireland, anno 1643. 

Marche 29. — John Edgar, merchant in Edinburgh, six 
hundreth pound, 

„ 29. — Edward Littill in name of 
ane thowsand merks . 

„ 29. — Johne Meane, merchant thair, six hun- 
dreth pound, 

„ 29. — Mr Andrew Ramsay, minister thair, one 
thowsand merks, 

„ 29. — Archibald Sydserfe, bailie thair, one 
thowsand merks, 

„ 30. — James Stewart ther, tuelve hundreth 
pound, ..... 

„ 30. — Johne Denholme, on thowsand pound, 

„ 30. — Gilbert Atchesoune, merchant, fyve hun 
dreth merks, .... 

„ 30. — James Wilsoune, merchant, four hundreth 
merks, 

„ 30. — ^Andrew Crichtoune, merchant, tuo hun- 
dreth merks, .... 

„ 30. — Patrick Crichtoune, merchant, tuo hun 
dreth merks, .... 



Edinburgh. 



£600 

666 13 

600 

666 13 

666 13 

1200 
1000 





4 



4 

4 






333 6 8 

266 13 4 

133 6 8 

133 6 8 



86 REGISTER OF THE COUNCIL. 1643. 

Apprylle 1. — Edward Edgar, bailie, fyve hundreth MiaceiianoooB 

inerks, £333 6 8^p~ 

„ 1. — Helin Gilkrist, relict of uinquhill 
Alexander Wright, fyve hundreth 
merks, 333 6 8 

„ 5. — Marioune Wilkie, relict of umquhill 

Andrew Ainslie, one thowsand merks, 666 13 4 

„ 5. — Johne Livingstoune, merchant, thiie hun- 
dreth merks 200 

„ 5. — ^Robert Fleming, bailie, ane thowsand 

pound, 1000 

„ 5. — ^The relict of umquhill Johne Fleming, 

merchant, on thowsand merks, 666 13 4 

„ 5. — James Calquhouue, merchant, thrie hun- 
dreth merks, 200 

„ 6. — James Wright, hatmaker, fyve hundreth 

merks, .... 333 6 8 

„ 6. — Thomas Young, merchant, thrie hundreth 

merks, 200 

„ 6. — Robert Lockhart, merchant, tuelve hun- 
dreth pound, 1200 

„ 6. — The relict of wmquhill Mr Johne Gralla- 

way, one thowsand merks, . 666 13 4 

„ 6. — Johne Bannatyne, wrytter, fyve hundi*eth 

merks, 333 6 8 

„ 6. — Alesoune Forman, relict of Gilbert Dick, 

on thowsand merks, . 666 13 4 

„ 6. — ^Patrick NicoU, merchant, tuo hundreth 

merks, 133 6 8 

„ 6. — Margaret Sinklar, dochter to wmquhill 
David Sinklar, Burley, on hundreth 
pound, 100 

„ 6. — ^Androw Law, merchant, tuo hundreth 

merks, 133 6 8 

„ 6. — Mr George Gillespe, minister, on thowsand 

merks, 666 13 4 

„ 6. — Mr Robert Douglas, minister, on thowsand 

merks 666 13 4 

„ 6. — Mr William Bennit, minister, on thowsand 

merks, 666 13 4 

„ IV. — Johne Ramiltoune, appothecary, eight 

hundreth pound, .... 800 

„ 19.— George Jollie, merchant, fyve hundreth 

merks, 333 6 8 

„ 20. — Doctor Johne M^Clour, on thowsand 

merks, 666 13 4 



1643. CHAELES I. 87 

Mnceiianaoiu Appr7lle22. — ^Elisabeth Fram, relict of William Douglas, 

^'^^ tuo hundreth merks, . . £133 6 8 

„ 22. — ^William Scotte, merchant, thrie hundreth 

merks, 200 

„ 22. — The relict of umquhill DaveAMorray, fyve 

hundreth merks, . 333 6 8 

„ 25. — ^Elisabeth Duff, relict of umquhill Adame 

Gardin, six hundreth pound, 600 

„ 27. —George Reid, merchant, thrie hundreth 

pound, 300 

,, 27. — Thomas Patersoune, merchant, fyve hun- 
dreth merks, 333 6 8 

„ 27. — Walter Rankeing, merchant,fyve hundreth 

merks, 333 6 8 

„ 27. — ^Thomas Beg, merchant, thrie hundreth 

merks, 200 

„ 28. — Johne Scotte, merchant, one hundreth 

pound, 100 

„ 28. — Lawrence Scotte, merchant, thrie hundreth 

merks, 200 

„ 28. — ^Thomas Leishman, merchant, fyve hun- 
dreth merks, 333 6 8 

5, 28. — ^Hew Hameltoune, merchant, fvye hun- 
dreth pound, 500 

„ 28. — ^BobertMeikljohn, skinner, thrie hundreth 

merks, 200 

„ 28. — ^Archibald Tood, deane of gild, on thowsand 

merks, 666 13 4 

„ 28. — Simeon Chambers, merchant, fyve hun- 
dreth merks, 333 6 8 

„ 28. — James Monteith, pewterer, tuo hundreth 

merks, 133 6 8 

„ 28. — James Chambers, tuo hundreth merks, . 133 6 8 

„ 28. — Johne Futhie, cordiner, four hundreth 

merks, 266 13 4 

„ 28. — Robert Carnegie, merchant, four hundreth 

pound, 400 

„ 2 8. — ^Alexander Cleghome, wright, tuo hundreth 

merks, . . . 133 6 8 

„ 28. — Thomas Weir, pewterer, fyve hundreth 

merks, . . 333 6 8 

„ 30. — ^Thomas Calderwood, merchant, fyve hun- 
dreth pound, 500 

„ 3 0. — ^Robert Umpetlaw, skinner, thrie hundreth 

merks, 200 



88 



REGISTER OF THE COUNCIL. 



1643. 



Miacellaneoun 

£333 6 8 ^*P*"- 



Apprylle 30. — Johne Marjoribanks, merchant in Edin- 
burgh, fyve hundreth merks, 
30. — Alexander Lockart, merchant, fyve hun- 
dreth merks, 333 6 8 

30. — Alexander Bennie, merchant, thrie hun- 
dreth merks, 200 

30. — James Johnstoune, merchant, ane hun- 
dreth merks, 66 13 4 
30. — Robert Corsder, merchant, tuo hundreth 

merks, 133 6 8 

30. — William Sandelands, baxter, on hundreth 

pounds, 100 

30. — Robert Finlaw, merchant, fyve hundreth 

merks, 333 6 8 

30. — Mr Robert Nicolsoune, comisary of Edin- 
burgh, one thowsand merks, 666 13 4 
30. — Daved Wilkie, merchant, six hundreth 

pound, 600 

30. — William Castellaw, appothecary, fyve hun- 
dreth merks, 333 6 8 

May 1 5. — NicoU Eving, fishmounger, one hundreth merks, 66 13 4 
„ 15. — Andrew Bryssonne, merchant, fyve hundreth 

merks, 333 6 8 

„ 15. — William Schaw, merchant, ane hundreth 

pound, . . 100 

„ 15. — The relict of wmquhill Johne Mitchell, 

baxter, tuo hundreth merks, 133 .6 8 

„ 15. — Johne Bonner, merchant, four hundreth 

merks, 266 13 4 

„ 15. — James Dalgleish, one thowsand merks, 666 13 4 

„ 15. — Captaine Lovetenent Thomas Weir, tuo 

hundreth merks, 133 6 8 

„ 15. — Lawrence Russell, thrie hundreth merks, 200 

„ 15. — Johne liddell, merchant, four hundreth merks, 266 13 4 
„ 15. — George Stiverling, merchant, four hundreth 

pound, 400 

„ 16. — Thomas Muddie, thesaurer, on thowsand 

pound, 1000 

„ 16. — Johne Smyth, merchant, in the Bow, four 

hundreth merks, . 266 13 4 

„ 1 6. — Jonet Nemo, relict of wmquhill James Edmis- 

toune, tuo hundreth merks, . 133 6 8 

„ 16. — William Mure, baxter, tuo hundreth merks, 133 6 8 

„ 1 6. — James Stevinsoune, merchant, fyve hundreth 

merks, 333 6 8 

„ 31. — ^William Mure, marchant, fyve hundreth merks, 333 6 8 



1643. GHABLES I. 89 

MiaoaUuMons Jnnij 3. — Adame Scotte, marchant, four hundreth merks, £266 13 4 

****^*" „ 7. — Adame Greine, marchant, thrie hundreth merks, 200 

7. — James Grardin, litsfcer, fyve hundreth merks, . 333 6 8 

„ 7. — John Gardine, litster, fyve hundreth merks, . 333 6 8 

„ 12. — Doctour Alexander Eamsay, phesitioune, fyve 

hundreth merks, . 333 6 8 
„ 20. — Johne M*Neish, marchant, thrie hundreth 

merks, 200 

„ 20. — ^Humfray Dowie, comisary clerk, four 

hundreth merks, . . 266 13 4 

„ 21. — Hew Boyd, merchant, fyve hundreth merks, . 333 6 8 
„ 26. — ^Partick Hepburne, appothecary, on thowsand 

merks, 666 13 4 

„ 27. — ^Sam veil Lochart, mai-chant, on thowsand merks, 666 13 4 
„ 27. — Mr Johne Inglish of Nether Grawmond, on 

thowsand merks, . . 666 13 4 
„ 27. — ^Mr Alexander Henrysoune, minister, on 

thowsand merks, 666 13 4 

FoUoweth Johne Joussie his recepts of the woUuntour lone maide be Contributions 
the gen trie and uthers in the schirrefdome of Lotheane for relife of theg^'^^oQ^^f 
Scotts armey in Ireland, anno 1643. Lothian. 

March 29. — Daved M^Gulloch of Gutters, ane thowsand 
pound, ...... 

„ 29. — The Ladie Carnegie, one thowsand merks, . 

„ 29. — Mr Sam veil Johnstoune of Scheins, eighteine 

hundreth merks, .... 

Apprylle 4. — The parosh of Saltprestoune, eight 
hundreth pounds, .... 

„ 24. — Johne Peirrie in name of , on thow- 

sand merks, ..... 

„ 26. — Mr Archibald Beatowne, minister at 

libertoune, fyve hundreth merks, . 
„ 26. — Johne M'Dull in name of , four 

hundreth merks, .... 

,, 26. — Mr George Wynrame of Libertoune, 
eighteine hundreth merks, 
]^ay 30. — Mr William Arthour, minister at Wastkirk, 
fyve hundreth merks, .... 

^^ 30. — Mr Alexander Gibsoune, minister at Leith, 
fyve hundreth merks, .... 

June 1. — Mr Johne Ghartres, minister at Gurrie, one 
thowsand merks, ..... 

„ 3. — Mr George Laslie, minister at the Abey, 
Hallirudhous, fyve hundreth merks, 



1000 








666 


13 


4 


1200 








800 








666 


13 


4 


333 


6 


8 


266 


13 


4 


1200 








333 


6 


8 


333 


6 


8 


666 


13 


4 


333 


6 


8 



90 REGISTER OF THE COUNCIL. 1643. 

June 3. — Mr James Fleming, minister at Bothames, MineUaneou 

fyve hundreth merks, .£333 6 8 ^^"* 

,, 3. — ^Mr James Charpe, minister at Leith, fyve 

hundreth merks, 333 6 8 



Contributions FoUoweth Johne Joussie his recepts of the voluntour lone maid be the 
sheriffdom of gen trie and uthers in the schirrefdome of Linlithgow for relife of the 
Linlithgow. Scotts anney in Ireland, anno 1643. 

Apprylle 12. — Sir Robert Adair of Kilhilt, in name of 
Sir William Sandelands and Dame 
Elisabeth Coninghame, tno thowsand 

merks, £1333 6 8 

Junij 2. — Mr Robert Melvill, minister at Simpermie, in 
name of his doughter, Margaret Melvell, 
on thowsand merks, 666 13 4 

May 23. — Johne Gilon of Walhous, one thowsand merks, 666 13 4 
„ 23. — Androw Dick, in the Hauch of Kilpunt, fyve 

hundreth merks, 333 6 8 

„ 23. — William Tennent of Mossyde, fyve hundreth 

merks 333 6 8 

„ 23. — James Cochrane of Balbauchlaw, six hundreth 

pound, 600 

Received of William Thomsone, commissar depute, nyne 
thowsand one hundreth and elleven pounds towards 
payment of six thousand pound to James Hamiltone 
of Boiges for meall, upon a letter of my Lord Marques 
of Argyells, and to provid shoes and cloth for the armey 
be ordour of the Gennerall his Excellence; which 
9111 D. wes out of the mony apoynted for incident 
chairdges 9111 



Disbnnements Followeth the accompt of Johnc Joussie his disbursments be ordour 
^uM^el ^^ ^^^ Lords of Secreitt Counsell for the use of the Scottish armey in 

Ireland, anno 1643. 

Marche 15. — Paid to James Hamiltoune of Boges and 
James Stewart, merchant in Edinburgh, 
per precept and ther recept will appeir, 
as the halfe pryce of sevin thowsand 
boUis meall at sevinteine merks the 
boll, is threttie nyne thowsand six 
hundreth sixtie six pound thretteine 
schUlings four penneyis, . £39,666 13 4 



) 



1643. CHARLES I. 91 

Apprylle 1. — Paid to James Bos wall, merchant of 
^**^ Edinbui-gh, per precept and his recept 

will appeir, for the halfe of ane tbow- 
boUis meall at sevinteine merks the 
boll is sevinteine thowsand pound, £17,000 
„ 1 2. — Paid to Sir Eobert Adair of Kilhilte, per 
precept from the Generall his Excel- 
lence upon the Lords of Secreitt 
Counsells refference maid to Kilhilts 
suplicatioune anent his troup in Ire- 
land, as per Sir Robert his recept and 
assignatioune to his pay dew to him 
be the Parliament of Ingland for the 
lyke sowme may appeir, tuo thowsand 
four hundreth pound, 2400 

May 10. — Paid to James Hamiltone of Bogs in pairt of 
ane other thowsand bpllis meaU, per 
precept and his recept appeireth, six 
thowsand pound, . 6000 

„ 16. — Paid to Hew Kennadie, bailie of Ayre, per 
precept and his recept apeireth, tuo 
hundreth pound sterling, . . 2400 

„ 1 5. — Paid to Captaine Johne Montgumrie conforme 
to the Lords warrand and his discharge, 
on hundreth pound starleing, 1200 

„ 16. — Paid to Johne Campbell be the Counsells 
ordour and his discharge, fourscoir ten 
thowsand pounds Scotts, . . 90,000 

Jany. 6. — Paid to William Dumbar, servitour to the 
Lord Waristoune, be the Lords warrand 
and his discharge, thrie hundreth pounds, 300 
„ 6. — ^Paid to Captaine William Stewart conforme 
to the Lords warrand and his recept, 
thrie hundreth lb., . . 300 

„ 20. — Paid to Johne Broune be the Lords warrand 
in full of Johne Campbells bills of 
exchange of thrie hundreth and nyne 
pounds starling, .... 3708 
„ 20. — Paid to Hew M^Cartour be ordour of the Lords 
of Privie Counsell ane hundreth and 
four pounds starling for the pryce of 80 
bollis oatts delyvered to the Lord 
Marques of Argylles regiment be the 

said Hew, 1248 

„ 24. — Paid be the Lords warrand to the mareners 

that was robbed be the Irish, rebbells, 50 



92 REGISTER OF THE COUNCIL. 1643. 

July 18. — Paid to M' Eobert Meldroume per precept Miscellaneous 

and his discharge, on hundreth pound ^^ 

sterling, £1200 

Junij 13. — Paid to James Haniiltoune of Bogs in full 

of ane precept, nyne thowsand merks for 

meall granted be the Marques of 

ArgyU, 6000 

,, 13. — Desbursed to messingers for chargeing and 

denuncing my Lord Camwath, and 

uthers small disbursments, per accompt 

thairof appeirs, 72 4 4 

,. 13. — Peyed to David Wilkie, merchand in 

Edinburgh, for fouertie fouer dossens of 

cleth bought of him be ordour of the 

Grenerall his Excellence and delyvered 

to the Commisser, John Campbell, which 

he received for the use of the army at 

threttie sax pound per peece is one 

thousand fyve hundreth fouer scoir fouer 

pound,. 1584 

c. 1643. 2.^. "Our verie honorabill good lords, Wee have this day ressaved 

th^CouncU to y^^^ lordships letter with the copies of his Majesties letter direct to 
the Scote your lordships, your ansuer and desyr to his Majestie,and your advyce given 
donanent ^ 11^ to the Parliament there for composeing the differences betuix his 
?«tw©en^ Majestic and the Parliament, and as wee doe approve your dutiful offer 
Majesty and of our humblc scrvice for removeing of those distractions so is it our 
Pariiament, camest dcsyrc that yow continow in useing your best endevors for setling 
rebekhT* **** * right Understanding betuix his Majestic and the Parliament in suche a 
Ireland. y^^y as may best witnesse our heich tender respect to his Majesties 
royall auctoritie and our true affection to the Parliament of England. 

"Wee cannot lykewayes hot acquaint your lordships with the hard and 
almost desperat estate of his Majesties good subjects and our countrey- 
men in Ireland (as will appeare by the enclosed petitions and letters sent 
to us from thence) and to desyre your lordships to be earnest solicitors 
to his Majestic that some present course may be tane for thair releiffe. 

" The distractions in Ingland and the delay of tymous assistance hes 
lost the lyves of manie thousands of the British, whose blood is daylie 
shed lyk water and thair bodies given to be meat to the foules of the 
air and thair flesh to the beasts of the feild, and the benefit of burial 
denyed to the dead, suche is the barbarous cruelty of these enemies, 
bloodie rebels. The rebells hes runne over all that countrey, and these 
touns and forts for whiche yow are disputing with the Parliament to 
be places for retreat will in all appearance be in the rebells hands before 
any assistance can winne to thame, and, if Londondarrie be not taken be 
thame, wee conceave it is most reasonabill yow plead for it as a place 



1643. CHARLES I. 93 

MisceiiAiieoiis necessar for our retreat. Bot it your lordships and the Parliament 
^^^'** there sail lay any other ground then to find the haill kingdome of 

Ireland in a general revolt and all places possest be the enemies and so 
nather saife landing nor victual to be expected thair, your lordships will 
be deceaved and therfore these are to requyre yow to be earnest soUicitors 
to your [sic] Majestic that some present course may be tane for thair 
releiffe." [Draft.] 

26. "Whither or not it be expedient that the Councel and Comis- Qa^tion 
sioners for the peace and burdens sail sit and vote joyntlie in affaires council and 
concerning the publict and hail kingdome in general, and whiche falls ^^^™^"^^ 
within the compas and consideration of the severall commissions. [This ^^^ ^^^ 'o^ 

,.-,,-- '•the Common 

paragraph is deleted.] Burdens 

"Whither or not it be fitting, in respect of the present condition of J^^^y^^^ 
the publict affaires of this kingdome, that at this tyme the Councel, ^**^^®°*'?lu 
Commissioners for the peace and common burdens, sail consult and kingdom, 
resolve joyntlie what course is best to be tane theranent. 

" Whither or not the Council will in tyme of voiceing allow anie 
others to be present with thame. (Allow, 13 ; No, 1 ; no voice, 4.) 

" Whither upon the great and urgent affaires of this kingdome it be Qaestion 
necessarie at this tyme that there be a Convention of the Estates, that yention^of the 
the advyce and resolution of the kingdome may be knawin anent s^che ^^^^^^^^ 
things as sail be represented to thame be the Councel, Commissioners of 
Peace and Comon Burdens, according to thair several commissions. (Nu 
voice, 2 : Necessar, 18.) 

" Whither in respect of the present necessitie of publict affaires it be (iueation 
fitting that the tyme of the Convention be presentlie appoynted and Estates 
warneing presentlie given to all parties haveing enteresse, and that bisjj^'^^^.jj^j 
Majestic be acquainted thairwith ; or if the tyme of meiting sail not be summoned or 

.1 .1 , T^. , . 1 , , . m*^ . . , not before his 

appoynted until the King be acquainted and his Majesties pleasure Majesty':* 
knawin thairanent. (Presentlie, 12 ; Acquaint the King, 3 ; No^J^^^^^ 
voice, 1.) 

'* The quhilk day his Majesties Advocat declared as Kings Advocat Declaration or 
he could not voice anent the calling a meiting of the Estatb without Advocate that 
hi8 Majesties warrand thereto since he mainteans the indiction of a^^*^i^^*^A. 

. . ** vote for the 

meitmg of the Estates doth properlie belong to his Majesties prero- summoning of 
gative, quhilk sould not be called in question." [This paragraph b^fore^^ 
deleted.] .uitation with 

J hu Majesty. 

"The quhilk day the Marques of Hamilton declared that as a Declaration by 
counsellor he could not give voice joyntlie with or in presence of the Hai^iton^to **' 
Commissioners of the Peace and Burdens to ane of the articles above- the same 
written, and as a conserver of the peace he will willinglie give his ^^"^ 
opinion when it sould be craved be anie judicatorie, whiche is in this, 
that no meiting of the Estates can be called without his Majesties 
special warrant for that effect." 

"The Kings Advocat declared as a Counseller or his Majesties 



94 REGISTER OF THE COUNCIL 1643. 

Advocat he adhered to the declaration abovewritten." [Dated on the Miseeiianeoas 
back, 1643.] ^^^ 



1648. 



Ucation 



27. Supplication by Thomas Cuninghame, factor in Campheer, as 
byWomas' followB : — " I and uthers my compairtneris (att the earnest request of 
Sctorm*^""*' ^^^ Lordes [and] otheris of the committee of this kingdome (as thair 
a c?rtifiafito°^ severall missive letteris [and] commissiones directed to us will witnes) 
from the did not Only undergoe all the paynes and travell we wer able in obeying 
att^dng hia the commissioncs and missives sent [to] them and me, but did also 
■erWces for a ^azardc and adventure all our stockes and al[smeikle] more as we wer able 
reoommcnda- to upHft upone our creditc in buying of these c[ommoditie8] so necessar 
office of and miportant for the defence of this our native kingdome [and] 

and^Sr^w^ra nientcinance of the reformed religione ; and, because the best of [mens] 
'«*™*^«^^'y^actiones are subject to misinterpretationes, my humble desire is that 
to maintain y[our] Lordships may be pleased to take my paynes, service and afiTectione 
priwi^esin >» that emp[loy]ment to your Lordships good consideratione, and, 
SrtiuSiBBtiU accordingly as I have done thairin, to grante me ane testimoniall and 
the aaid office tcstificat with warrand by your Lordships act of Counsall for wry teing 
Granted *^^ appending the great seal therunto as a testimony of your Lordships 
under the favor to me and a witnes of my faithf uU service to my countrey. 
sea"e.** ' " And sicklyke I humbly crave that your Lordships wilbe pleased yet 

againe to supplicatt his Majestic in my behalfe for the oflBce of Conser- 
vatory in the Low Countreyes and for that efiTect, eyther to cause 
insert your Lordships desire heiranent in the instructiones to be given to 
the Lordes and others commissioners frome the Parliament or any 
other way your Lordships thinkes fitting. 

" And, last, I humbly entreat your Lordships to recommend me to the 
toune of Edinburgh and remanent burrowis of this kingdome and to 
the BomwL. desirc them that in the interim, untill the place and office of Conservatory 
be provyded, they wold subscry ve a power to me to doe quhat is fitting 
att the staple porte of Campheere and in the saidis Low Countreyes for 
preservatione of the libertyes dew to the natione without prejudice or 
wronging his Majesties right in any sorte,*' [Votes] Recommended, 
11 ; Non liquet, 3. 

[Undated c. 28. Supplication by James Crichtoun of Frendraucht, Dame Elizabeth 

Su Ucation ^^^^^°®> ^^^ spousc, and James, Vicount of Frendraucht, their son, for 
by James thcmselvcs, and on behalf of the remanent kin and friends of the deceased 
Frendraught, William Crfchtoun, son of the said James Cnchtoun of Frendraucht, as 
tSenfwSter ^^^^^"^^ ' — 1» August last, 1642, Walter M^^Quhaet of Crombie and James 
M'Whait M^Quhaet of Auldcraige, his brother, with others, their accomplices, 
murderera of crucUy murdered the said William, for which they were not only declared 
Crichtoun, Bou fugitives from the law, but denounced as rebels. Yet, as the supplicants 
of the said are Certainly informed, these persons are now dealing with his Majesty 
by false informations to procure a remission and intend to have the same 



1643. CHAKLES I. 95 

MiseeiiuMoas passed in Exchequer in a clandestine manner without notice given to the 
**^ snpplicants. They will then return to their homes and move about in 

the country as if they were innocent persons, and so be the occasion of 
bringing on a new trouble. They therefore crave that the Lords of 
Exchequer be recommended to issue no such remissLou until that the 
nearest of kin to the murdered man be cited and heard against the 
same. 

29. Supplication by Katharine Blaikie, widow of Thomas Alexander, 22ndJiuiuAr.v 
cordiner in Dunkeld, William Alexander, her son, and James Bannerman, *' 
bailie of Dunkeld, for his interest, as follows : — On 2d July last John by^^therine 
Fentoun in Dunkeld, tenant to Mr James Stewart, commissary there, ^i^o^^^f 
came by way of hamesucken to the said Katharine's dwelling house ^^^^j ^J^ISJJUi , 
and without any offence given by her, he '* patt violent hands in my cordwainer in 
person, threw me to the ground and with his hands and feit gave me manie others for ^° 
bauche, blae and bloodie straikes upon the head, face and others parts of J^^^'j^j^j^ 
my bodie, to the effusion of my blood ; and, when my said sone, ane Fentoun in 

., -, , .. i»t^p » itfi ' ^ Dunkeld, for 

sickehe youth, new nssm out of the fever, came for my releef e, the said assault on the 
Johne strake him also to the effusion of his blood ; and being challenged ■****^^*^®""*' 
for the same be the said baillie he shamefuUie upbraided him without 
respect to his place, calling him deboshed lowne, bidding him goe hang 
himselfe." Summons is craved against the said John Fentoun. [On the 
back] " Apud Edinburgh, 22 January, 1644. Fiat id petitur. M. A. 
Gibsons, Durie. 

30. " At Edinburgh, the secund of Februar, 1644. 2nd February 
Forsamekle as James Bosuall, merchant in Edinburgh, having by^ rant to 

warrant and contract made betuix him and the Lords of his Majestys the collector of 
Privie Counsell transported three thousand bolls oat meale to Ireland to%iy to *^ 
and delivered them at Garictfergus for the use of the Scots armie there ^j^^^^^^^^^^ 
to Alexander Mure, receaver of the victuall of the said armie, as the noteiniiiinburgh,. 
of recept under the hand of the said Alexander of the 7 th of September £17,000 as 
last heirs, for ilk boll of quhilk meale thus transported the Counsell wes ^ff^oMhe' 
bound to pay to him, his airs, executouris or assigneyes, seventeene^oooboiisof 
merks Scots money, the one halfe thairof upon demand (quhilk wes the said 
accordingly payed at the transporting of the said meale) and the other buted fw^the 
halfe after report of the note of the recept of the meale in Ireland, with J^®' ^ **** 
the ordinair annualrent so long as the sonme sould be unpayed after ireinnd. 
the termes above sett doun ; and the Estats of the kingdom presentlie 
conveenned, remembring that, in consideration and for payment of the 
great soumes of money awand for victualls and other necessars furnished 
to that armie granted and loane to be uplifted in this kingdom, and 
finding it just and reasonable that the said James Bosuall be speedilie 
payed of the other halfe of the price of the said meale so tymouslie trans- 
ported be him, as said is, doe therefore give warrand and command to 
the generall collector of the loan and taxt and his deputs, to pay and 



96 REGISTEE OF THE COUNCIL. 1644. 

deliver to the said James Boswell, his airs, executouris and assigneyes, MisoeiLweoiu 
the soume of seventeen thousand pounds, as being the just price of ane ^"' 
thousand fiyve hundredth bolls of meale at seventeen merks the boll, 
with ane quarters annualrent thairof fra Mertimes to Candlemes last 
extending to three hundreth and fourtie punds, and that they pay this 
out of the first and readiest of the loan not heirtofore disposed upon by 
publict warrant, wheranent thir presents shall be their warrant. And it 
is heirby declared that quhat proportioun heirof sail not be payed, as 
said is, the soume with the annualrent thairof sail remaine as a publict 
debt due be this kingdom to him and his foresaids, who sail have pay- 
ment thairof from the publict. Eostrcuium, etc. Arch. Primerose, Cler." 



8th May 1644. 31. « At Onnistounhall, May eight, j^vj*' fourtie and four yeires. 
Notarial The quhilk day in presence of me, notary publict, underwritten 

attesting the compearit pcrsonallie Johne Layng in Murrayes quho affirmit that 
Johi^uh^in Alexander Belses of that ilke had fied Adam Jacksone, servant 
Murrayes that to the Said Johne, and the said Alexander being present said that he 
Beishes of that had not hyrit him. Upon the quhilkis the said John Layng asket and 
Adam Jackson, tookc instruments in my hand. Thir things was done about fyve houres 
sald*j V** *^^ ^^ thairby, day, yeir and place abonewrittin. 

Ita est Willielmus Wallace, notarius puUicus, in premissis rejuisittLS, 
testanibus his meis signomt siibscriptione." 

9th May 1644. 32. "At Westbyris, the nynth day of May, j°vf fourtie and f cure 

yeires. 

Similar The quhilk day, in presence of me, notar publict, and witnesses under- 

menrattesting writtin, compcirit personally Johne Layng in the Murrayes, quho after 

of JohnU^g" Adame Jacksone, coalhewer in Ormistounhall coalpit, had given ouer the 

M **** that ®^^^ Johne Layng, the said Johne Layng declairit and affirmit that the 

Adam Jacksoo Said Adame Jacksone was his fied servant till Yule nextocome and that 

sen'anttiii ^® ought not to remove from him till then. Upon the quhilkis 

So^dnot*^** premisses the said Johne Layng askit and tooke instruments in my 

removed from hand. This was done betuixt tuo and three houres in the afternoone 

im I en. ^^ thairby, day, yeir and place abovewritten. James Ballantyne in 

Ormistounhall and James Johnstouu in Westbyris, witnesses heirto 

specially desyrit and requyrit. 

Ita est Willidimis Wallace^ iwtarius puilicus, in premisses 
requisitus, testantihus his meis signo et suiscriptione,** 



9th May 1644. 33 " At Westbyris, the nynt day of May, j"vj^ fourtie and foure 

yeires. 
notttriaiinstrn- '^^^ quhilk day, in presence of me, notar publict undersubscryvand, and 
mentanent witnesses undcrwrittin. compeiret personallie Adame Jacksone, one of 
JaciMon. ^™ the tacksmen of the coale of Ormistounhall for ane yeir, viz., fra mid- 



1644. CHARLES I. 97 

MiacoHaaeoas Summer, 1643, to midsummor, 1644, and gave over into the hands of 
^^^ John Layng in Murrayes his service and worke of the said coale of 

Ormistounhall in due tyme before the said tyme to the effect the 
the said Johne pretend na ignorance of the said Adame his laufull over- 
giving and renunciatione of the said coale, as said is, duely before the 
tyme of his removing, and in respect the said Johne had not fullfillit to 
the said Adame the conditiones agreeit betuixt them at midsummer 
last abonewrittin. Upon the quhilkis all and sundry the premisses the 
said Adam asket and took instruments ano or mae in my hands. Thir 
things were done in the place forsaid betuixt three and foure houres 
aftemoone or thairby, James Ballantyne in Ormistounhall and James 
Johnstoun in Westbyres witnesses heirto speciallie desyrit and requyrit. 
Ita est WUlidrrms Wallace, notaries publicus, in premissis requisitis, 
testantilms his meis signo et svbscriptione manualibns.'' 

34. " At Quarrell, the tuentie ane day of May, j" vj° and fourtie 2i8t and 30th 
four yeiris, and of our Soverane Lords regne the tuentie yeir. unlm June 

The quhilk day in presence of me, notar publict undersubscry vand, ^^^• 
and witnesses eftemamet, compearit personallie James Makleroy. io^^ment 
servitour to the Right Hon**'® Edward Bruce of Carnock, wha past with 5^iJj^twn*of 
me and the witnesses efter namet to the personall presence of James James MaWe- 
Spittell, takisman to Robert Elphingstoun of Quarrell of the halff of the Se'R^t Hon. 
coalles and coall hewes within the bounds of the lands of Quarrell, and ^q^o^*""*^® 
thair the said James Makleroy, in name of his said master as havand *nent certain 
his procuratory and warrand subscribit with his hand to the effect have deaerted 
underwritten, laufullie requeyrit James Spittell, takisman foirsaid, con-^*Jy^**^" 
forme to the act of Parliament maid be King James the Sext of worthie 
memorie in the yeir of God j™ vj® and sex yeiris anent coallzearis and 
salters, to restoir and delyver bak to the said James Makleroy in his 
said maisteirs name the particular persons efter namet ; to witt, James 
Caiglie, William and Johne Wauchis, wha had been servands and 
coallzearis to the said Edward Bruce and to umquhile George Bruce, his 
fayther, diverse and severall yearis befoir thair running away and 
diverting thame selffis from thair maisteris service and quha and everie 
ane of them ran away and left thair said maisteris service within thir 
tuelff monethis without any sufficient testimoniall of thair said master 
and without any sufficient attestatione of ane reassonable caus of thair 
removeing maid in presence of ane baillie or ane magistrat off the 
burght of Gulrois quhair they last served and come fra, and wha hes 
bene receavit, fied, hyred and interteanit be the said James Spittell, 
takisman foirsaid, continowallie sensyne, and that within the space of 
twentie four houris nixt efter this present challenge or reqnisitione, 
under the pane of ane hunderethe pundis to be incurrit be him for ilk 
persone sua challenged and not dely verit, as said is. Whairunto the said 
James Spittell, takisman foirsaid, answerit that naither the Laird of 
Quarrell nor he war obleist to delyver bak the said coallzearis, in respect 
VOL. vm. G 



98 



REGISTER OF THE COUNCIL. 



1644. 



Further 
requisitions 
aiient these 
runaway 
colliers. 



they had bene serving thair as coalzearis thir four or fy ve yeiris bygaue Miacenaneous 

as he alledgit, and thairfoir refuisit to delyver thame bak. And *^"* 

immediatlie thairefter the samyn day the said James Makleroy past with 

me and the witnesses efter namet to the principall messui^e or duelling 

place of Quarrell quhair the said Robert Elphinstoun, his wyfe, bairnes 

and servands hes thair actuall duelling and residence, and thair, efter sex 

severall knockes maid be the said James Makleroy at the maist patent 

doore of the said duelling place, he laufuUie requeyrit the said Robert 

Elphinstoun at his duelling place, becaus he could not gett him presentlie 

apprehendit, to delyver bak agane to him the foirnamet thrie coallzearis 

within tuentie four houris, under the said paine of ane hundereth punds 

to be incurrit be him for ilk persone sua challenged and requeyrit and 

not delyverit, as said is, being challenged within yeir and day, off the 

quhilk challenge and requisitione the said James afSxt and left ane copie 

upone the maist patent doore of the said duelling place. Upoue the 

quhilks all and sundrie the premisses the said James Makleroy, in name 

of his said master, askit and tuik instrumentis in the hands of me, notar 

publict under subscryvand, ane or moir. Thir thingis war done within 

the said James Spittell his duelling hous in Quarrell and at the said 

manor place of Quarrell betuix nyne and ten houris befoir noone, day, 

yeir and place and of our soverane lordis regne abonewrittane, in 

presence of John Colt, ourseman in Tulliallane, and John Home in 

Lethenes, witnesses callit and requeyrit to the premisses." 

Ita est lU premittitur, ego, Bobertus Neu'cdl, notarivs publictis 
in premissis requisitus, attestor, sub his meis siffno et subscriptione 
mamialibtcs. 
There are other three further requisitions all at Quarrell House and 
dwelling house of James Spittall (1) on 30th May; witnesses, John Lein 
in Quarrell, and Johne Belfarege, servitor to the said Robert Elphin- 
stoun ; (2) on 7th June ; witnesses, Alexander Gib, collier in Quarrell, 
John Buchannane and John Belfarage, servitors to the said Robert 
Elphinstoun of Quarrell, and James Pudrathe, lawful son to Robert 
Pudrathe in Kynecairden ; and (3) on 8 th June, in presence of Andrew 
Erskene, collier in Valayfeild, and the last named witnesses. 



31st May 
1644. 

Note of 
execution of 
summons. 



35. Note of execucion on 3 1st May, 1644, by Alexander Porteous, 
messenger, against George Dobsoun in Stanepeth, John Hunter, servitor 
to Robert Sprot^ in Quhitinghame, James Mure there, and Thomas 
Harvie, gardener, all personally apprehended to compear before the 
Council on ; witnesses, George Ogill, writer, and John Pater- 

soun, indweller in Edinburgh, and Thomas Schorwood, servitor to Mr 
John Skene, Clerk of the Bills. 



12th June 
1644. 



36. Summons directed to James Grahame, messenger, at the instance 
of Sir John Achmowtie, sheriff principal of Hadintoun, and others, 

^ This name scored through. 



1644. CHARLES I. 99 

Miaoeiuiieoii!} ^inst Elizabeth Prestoun, widow of Sir Arthur Douglas of Quhitting- SummoM at 
^^^ hame, and others, as narrated ante p. 25. Parties are to compear ong^® Joim"*^^' 

2l8t August. The summons is dated at Edinburgh, 12th June, 1644,^«^^^''**«» 
and signed Arch. Primerose, Cler. S. Cons. On the back is noted the grindoai of 
execution of this summons on 20th August against Jasper Wilson and agaiMtHitt- 
others, as noted postea No. 60. ^do^^S^?' 

Arthur 

37. Duplicate of the above summons. WhittiDgh»me. 

38. Summons at the instance of Sir John Prestoun of Valafeild and 12th Juue 
his son against George Logan as narrated ante, p. 24 ; dated at Edin- ^^^ 
burgh, 12th June, 1644, and signed Arch. Primerose, Cler. S. Cons. th?iMtai>oe of 
On the back there is a scroll of the finding, and also a note of the ^!^Q*\>f 
service on 26 th June, as noted infra. Vaiieyfieid 

*^ against Oeoi^ 

Logan. 

39. Summons at the instance of Edward Bruce of Carnock, against uth Jane 
James Spittell, as narrated an<«, p. 24; dated 14th June, 1644, and^^*' 
signed Arch. Primerose, Cler. S. Cons. On the margin there is a note the instance of 
of the finding on 21st August, and on the back there is a note of the^^^^j[^^ 
service of the summons on 26th June against James Spittell, James •jBrjgJj'^*™®^ 
CaigUe, and William and John Waiche, all personally apprehended ; 
witnesses, James Rollok in Kingkaim and John Gray there. 

40. Sir, — Being informed that Materine Bellott, merchand in Bowan, 22nd June 
having shiped, in the monnth of May last by past at Eowan in ane j* ^ 
shipe of Dover in Ingland, ane quantitie of merchant guids belonging to Arthur Hazel- 
Materin Bellott, William Tod, Scotishman, and certaine merchands in ^PkewSiJue^ 
Edinburgh to be transported to Leith in Scotland, and the saids shipe, Jj^^^l^^'J^J^ 
by reasoun of an leik and contrarie wind, went into Holy Hand, wher ▼easel which 
shoe is areisted and the merchandes guids seasid on by comand of theamstedby 
govemour there, wee doe earnestly desire and entreate that yow wold^^^^®™**' 
give comand for releasing of the said shipe and the hooU merchands island, 
guids therein to be transported therfra to Leith that they may be 
delivered to William Tod, Scotishman, and remanent merchands, owners 

of the saids guids, seing the saids guids ar in a free botome and bound 
to a free port, being willing and ready to keepe the same correspondence 
with yow in the lyk caise. Wee rest your affectionat freinds. [Dated 
on the back, 22nd June, 1644, and marked as a copy and as addressed to] 
the rycht worshipfull Sir Arthour Hasilrige, Govemour of Newcastell. 

41. Note of execution on 26th June, 1644, by Robert Hendrie, 26th June 
messenger, of summons at the instance of Sir John Prestoun and Sir^^J^^ 
George Prestoun, his son, against James Imrie, collier, Christian Pen- ezocntion at 
man, his spouse, and Margaret Dustane, their servant, all personally sir John ^ ^ 
apprehended; as also against George Logane at his dwelling house ; J^^j^^^ 
"and from thence I went to James Spittell his dwelling hous inimrf^coiuep, 



100 



REGISTER OF THE COUNCIL. 



1644. 



Quarrell, quhair the said George Logane wes drinking and mad intima- MiBceiianeous 
tioune of the said charge that I had gevin to him at his said duelling *^"* 
hous in presence of the witnesses efter namet and desyrit his presence 
quhilk I could not have " ; witnesses, James Merchell, wright in Kyn- 
cairne, James RoUocke there, John Gray there. 



[29tli June 
1644.] 

Summons at 
the instance of 
the Lord 
Advocate 
against Alex- 
ander Inglis, 
portioner 
of Craig 
M*Kernuie. 

16th July 
1644. 

Notarial 
instrument 
certifying that 
John LrfUDg in 
the Murraves 
has desired 
Alexander 
Belses of that 
Ilk to restore 
Adam Jackson, 
coalhewor, 
servant to the 
said John. 



42. Summons at the instance of his Majesty's Advocate and Patrick 
Mairtene in Campsie against Alexander Inglis, portioner of Craig 
M^Cerrine, as narrated arUe, p. 26 ; dated at Edinburgh 29 . . 
[torn], and signed Arch. Primerosb, Cler. S. Cons. On the back there 
is a scroll of the finding. 



43. " At Belses, the fyftein day of Julie, j°»vj*^ fourtie and foure 
yeires, of our soveraigne Lords reigne the tuentie yeir. 

The quhilk day in presence of me notar publict and witnesses under- 
writtiu compeirit personally Johne Layng in the Murrayes, quho desyrit 
and requyrit Alexander Belses of that like to send back to him Adam 
Jacksone, colhewer and servant to the said Johne, as he affirmit, and 
also requyrit the said Adame to returne back to his service to the said 
Johne, quhilk to doe the saids Alexander and Adame baith refusit ; 
upon the quhilk refusall the said Johno Layng askit and tooke instru- 
ments in my hands. This was done about eight houres or thairby in 
the morning, day, yeir and place abonewrittin, Robert Adamsone in 
Ormistounhall and William Hinsone, hynde to James Johnstoun in 
Westbyres. 

Ita est WUlidmus Wallace^ notarius publicua in premissis requisitus^ 
testantihis his meis signo et subscriptume. 

There is a second requisition, dated 17 th July, which was made about 
9 a.m. ; witnesses, Alexander Johnstoun in Westbyris and James 
Layng, brother to the said Johne. 



8th July 1644. 44. At Hadingtonc, 8th July 1 644. 

Finding of the Quhilk day anent the complaint given in beffoir the committe of warr 

War of of Hadingtone be Johne Layng in Ormestone against Adam Jacksoun 

SiOTJt*the^" for deserting his service at Witsonday without the said Johne his 

Adam "*™**^ liccncc, contrair to the act of the Conventione of Estaitis, and f^ainst 

Jackson. Alexander Belsches of that Ilk for resetting of the said Adam and 

detenning him contrair to the said act, the Committe hes fund the 

said Adam to be ane taksman and no hyred servant, and thairfoir they 

will determine nothing thairin, bot referres the determinatione thairof 

to the Lordis of Sessione or to the high court of Parliament to be 

determined be tham. Extractum, Mr J. Broune, clerk to the said 

Committe. 



1644. CHARLES I. 101 

MisceiUneoos 45. SummoDS at the instance of George Forbes, («ic 1. Johnstoun) 6th August 
^*^ younger of Caskieben, narrating that in September, 1636, his father wasj,^^* 

. r , . , ,, , . T^,. , , . . A, -, Summons at 

imprisoned in the tolbooth of Edinburgh for not paying to Alexander the instance of 
Forbes of AuchintouU £1000 for a wrong done to him by Thomas johrSton, 
Farquharsone, one of his tenants, and another £1000 to the Crown foi'^^^iet^n' 
the same wrong, with £100 additional for disobeying the ordinance of against Aiex- 
the Council by going out of town before finding caution for the saidof Auchintouii. 
Alexander's indemnity. The complainer became cautioner for his father, 
who was thereupon released ; and the said Alexander afterwards raised 
letters of homing against the complainer as cautioner foresaid, of which 
he obtained suspension in September, 1641, on the ground of his having 
revoked the same as he was minor at the time it was granted. Yet the 
said Alexander, not being satisfied with his father's long and present 
imprisonment for this debt, has raised a new charge against the com- 
plainer to enter his person in ward, notwithstanding of the suspension 
for the same cause, yet undiscussed, and his inability to find caution. 
Charge is therefore given to cite tfae said Alexander Forbes and his 
Majesty's Treasurer Depute for his interest to compear before the 
Council on 5 th December next, till which time and a few days beyond 
the Lords have relaxed the homing and process against the complainer. 
The summons is dated at Edinburgh, 5th August, 1644, and signed 
Abch. Primsbose, Cler. S. Cons. A note on the deed intimates that it 
was produced at Aberdene on 9th August, 1644, by George Johnstoun 
abovewritten, and recorded in the SheriflF Court Books there. (Signed) 
M. J. Chalmsr. 

46. Supplication by Mary Cunningham, as follows : — "My Lordis of 6th August 
Counsell, Unto your Lordshipis humblie meanes and schawes, we your ' 
Lordshipis servitouris, Marie Cunninghame, relict of unquhill JohnebyMary 
Erskine of Cheappelland, and Jonet Erskine, my dochter, that whair we reiSt^Sf John 
have bein keipit in miserable prisone and captivitie in the tolbuith of ^jj^^'jiand 
Culrois be the baiUies of the said burgh and have bein most barbarouslie, and Janet * 
cruellie and inhumanelie usit be thame be the advyce and instigatioune daughter, 
of James Kennowie, thair clerke, first by taking and apprehending of us fn™]*^"*" 
under cloud of night furth of our owne hous, quhilk lyis not within thair »«?"»!»»"«»* 
jurisdictioune, without any warrand or lawfuU authoritie, harling and ment by the 
drawing of us throw thair streittes to prisone lyke notorius and declaritcl^^J^^°^ 
malefactoris, and when they hade putt us in prisone they causit thair ^J^undiess 
ofiiceris and hangman tirre us mother naked, rype and search our bodies witchcraft. 
and secreitt memberis for witchmarkis, and, when they could find none 
upon us, they patt on sackloath gounes upon us and loakit our leggis in 
yron gaddis and wald suffer nether meatt nor drink to cum in to us bot 
by the handis of thair jeavellour, wha intercepted the samyne be the way 
and first satisfied thair owne apietyde thairwith and send in the rever- 
siounes thairof to us, and so throw famyne and cold brought us to great 
miserie and seiknes, upon no lawfull ground nor warrand bot upon the 



102 REGISTER OF THE COUNCIL. 1644. 

declaratioune of tuo infamous persones wha, being apprehendit for witx^h- MisoeUimeous 
craft and haveing evill will againes us, said that we war alse great *^"' 
witches as thameselffis ; and haveing purchest ane commissioune intending 
in a manner to steall from us our lyves they held ane court and sum- 
mond ane assyse, bot when they saw that thair was ane advocat 
compearing to speake for us eftir entering of some bitter and malitious 
speiches they dissolved the court and dismist the assysse and refused to 
minister justice, and have made us so odius to the ignorant comones, 
whom they intend to make our assysouris that they wald be content to 
tear us in peices farr more to fyle and condemne us upon the most 
sklender and frivolus reasones that can be alleadgit. And, finding our- 
selffes redactit to this miserie, we meanit ourselffes to the Committee of 
Parliament, wha remitted the saymne to your Lordshipis, as being most 
proper and competent judges thairunto, and gave warrand to intimat the 
said remitt to the saidis baillies of Culros and to warne thame to 
compeir befoir your Lordshipis the tuentie ane day of August instant, 
and dischargit the former commissioune in the meane tjme. And we, 
haveing desyrit Maister David Williamson to intimatt the said warrand, 
he was most vyldlie abused and railed upon by Alexander Eysatt, 
one of the saidis baillies, who wald not look upon the committies warrand, 
bot called the said M'' David and his servand fals knawes, threatned and 
minassed thame and did convocatt ane number of weeman and people so 
that the said M' David and his servand war forcitt for fear of thair 
lyffes to tak thame to thair horses and leave the toune. Lykeas in farder 
contempt and disobedience [of] the said warnind, eftir the samyne was 
intimatt to everie ane of thame be way of instrument, they held ane 
justice court upon the fyftein day of this instant, and, Patrick Drumond 
of Lenoch being thair present, they ke[pt] him in prisone whill they 
forcit him to subscryve ane act under the paine of ane thowsand merkis 
to re[enter] me the said Jonet againe, whom they had not 
long befoir putt at libertie ; and, last of all, the saidis baillies 
have intrudit thameselffis in the possessioune of our landis and 
yairdis and have arreistit our haill meanes for jeavellour fies and 
uther charges quhilk they have heaped up upon us. Heirfoir we 
humblie beseich your Lordshipis to discharge the commissioune, and 
thairef tir befoir any uther commissioune be grantit [that] the groundis and 
reasones of the commissioune be sein and considderrit be your Lord- 
ships, and in the meanetyme [to sett] us at libertie upon cautioune 
to reenter whenevir any new commissioune salbe direct to uther judges 
[and to] cans lous the said arreastment malitiousle layed upon our 
meanes and to cans us be restored [to our] former possessiounes with 
damnage and expenses, and to inflict such punishmentis upon the saidis 
baillies [for] the foirsaidis wronges done to us, our advocattes and 
freindis, as your Lordshipis thinkes meitt and Expedient. And, last of 
all* the saidis baillies have delt most craf telie with the said Marie 
Cunynghame by conceilling fra [her the] foirsaid warrant of Parlia- 



1644. CHAKLES I. 103 

MjseeiUneoas ment, and as I, the said Jonet Erskine, is informed, hes purchest ane 

*p««- consent in w[riteing] fra hir allowing there commissioune, quhairby it 

may evidentlie appeir that the saidis baillies doe [most . . .] delie, by all 

meanes both direct and indirect seike unto thameselffis to be judges of 

our lyves notwith[standing] they have schawne thameselffis as pairteis." 

47 Note of execution of the foregoing summons (No. 45) at the instance 6th, I2th 
of George Forbes (here Forbes is scored through and Johnestounc written ^^^^^ ^^*- 
above). 1. On 6th August, 1644, by John Oliver, younger, messenger, execration of 
^nst Sir James Carmichaell of that Ilk, knight, his Majesty's JgrSiw of 
Treasurer Depute, personally apprehended ; witnesses, Alexander SchaWjO^oj^^Jlo**"- 
servitor to the Laird of Caskieben, elder, and James Nuckell, servitor to Sir James 
George Johns toun younger of Caskibene; and 2, on 12 th August, ^h2[7ikl^i8°' 
1644, by James Pettindreiche, messenger, against Alexander Forbes of ^|j^^yjf 
Achintowll at his dwelling house in Aberdene, a copy of the summons depute, aud 
being delivered to his daughter ; witnesses, John Wilsone in Aberdene *°° 
for the present, and William Bobertsone, the messenger's servitor. 

48. " At Edinburgh the sixt day of August 1644. 6th August 
"The Committee of Estats, having seene the complaint given in to the ^^^.^^^^ ^^ 

Parliament be Marie Cuninghame, relict of umquhill Johne Areskin, Parliament 
and Jonet Areskin, her daughter, proporting that they have been cnmiinghZn 
deteanned in prissoun be the baillies of Culros thir tuentie weekes^gj^®* 
bygane upon misinformatioun that they ar guilty of witchecraf t and her daughter, 
other odious crimes, and when they conveenned the whole parish aganis imprisoned on 
them and called ane assise for thair tryell they dismissed the assise, Jrit^Saft by 
and yitt would not putt the gentleweemen to libertie upon caution toj^® ™*^*- 
compeir to thair tryell but intends to keepe them still in prissoun Cuiross. 
without tryell, and therefore desiring that they might be putt to libertie s®®*»^»P-^^i« 
upon caution in maner foresaid ; and the committee, having seene the 
remitt of Parliament of this desire to them, and understanding that 
there is a meeting upon the tuentie ane of this instant appointed to be 
of the Gounsell unto whome this mater properlie belongs, therefore the 
committee remitts the same to the Gounsell and discharges all farther 
proceeding upon the commissioun granted aganis the said Marie 
Cuninghame and her daughter till the 26^ day of the said moneth of 
August instant, and ordains intimatioun to be made to the saids bailleis 
of Culros to keepe the said tuentie ane day before the Gounsell to heare 
thair desire granted or show a cans why. Extractum, 

Arch. Primerose, Cls.*' 

49. " At the place off Belscheis, the sevint day off August, the 7th August 

yeir off God j"vj<^ fourtie and four yeiris. Notarial 

" The quhilk day in presence off me notar publict and witnesses instrnment 
underwrittin compeirit personallie Johnne Layng in Murrayis off John Uing in 
Ormestoune in presence off Alexander Belscheis off that Ilk, and Adame S^c^mStoir 



104 



EEGISTEK OF THE COUNCIL 



1644. 



andeTMlwhes*'^^^^®^'^®' ^^^^^^^ thair, being both personallie present togidder in the MisoeUaneoas 

of that Ilk to said Alexander Belscheis hous, and thair the said Johnne Layng requyrit ^*p®"- 

jMjkaon, the* and desyrit the said Alexander Belscheis to delyver the said Adame 

feed sei^nt J^cksone to him, being the said Johnne Layng his feit and hyrit servand 

Seea}ife,p.ioo. tua yeiris since or thairby, and that within tuentie four houris efter the 

said wairning ; as also the said Johnne Layng requyrit and desyrit the 

said Adame Jacksone the samin instant tyme to enter home to his said 

service within the said space off tuentie four houris efter the said 

wairning; quhilkis persones abonenamit absolatlie refusit to do the 

samin, whairupoune the said Johne Layng, being personallie present, 

askit instrumentis ane or mae frome the said notar publict under 

subscryveand. Thir presence [sic] was done within the said Alexander 

Belscheis of that Ilk his duelling hous, day, moneth and yeir of God 

abonewrittin at thrie houris eftemune or thairby, in presence off Androw 

Edmestoune, servitour to M' Williame Cokbume off Stobis, George 

Jackis, ourman in Falsyd pott, Williame Howesone, servitour to James 

Johnestoune in Westbyris off Ormestoune, and Michaell Archebald, 

servitour to the Laird of Belscheis, witnesses speciallie callit and 

requyrit heirto. 

Ita est Cuthhertus Oibsone, notarius pvhlicus in premissis requidtvs, 
teste raanu propria. 



8th August 
1644. 

Supplication 
by Margaret 
Young, 
daughter of 
John Young, 
mariner in 
Queensferry, 
who is 

imprisoned by 
the bailies and 
minister of the 
said burgh on 
a charge of 
witchcraft, 
that she may 
be brought to 
trial 



50. Supplication by Margaret Young, daughter of John Young, 
mariner in Queensferrie, as follows : — " I have beene keeped since the 
first of Aprile last and watched as some notorious malefactor in the 
tolbuith of the Queensferrie by the procurement of the baiUies and 
minister there upon misinformation of my unfriends that I am guilty of 
witchcraft, howbeit most innocent of the same and most willing to 
underly all lawfull tryell, quhilk they refuse and intend to undoe me by 
long imprissonment without remeid be provided." She therefore craves 
that her incarcerators may be charged to bring her to trial within a short 
space or else that she be put to liberty. [On the back]. "Apud Edin- 
burgh, the 8 of August, 1644. Ordains the minister and bailies to be 
summoned to heire the desire granted or ellis to show a caus why. 
(Signed) Akch. Pkimerossb." 



9th August 
1644. 

Note of 
execution of 
letters of 
suspension in 
favour of 
George 
Johnston, 
younger of 
Caskieben. 



51. Note of execution on 9th August, 1644, by James Pettindreiche, 
messenger, of letters of suspension and horning in favour of George 
Johnstoun, younger of Caskiben, dated 5th August, 1644, which he did 
by open proclamation at the market cross of Aberdene, giving the wand 
of peace to William Cuthbertsoun, merchant burgess of Aberdene, who 
accepted the same in name of the said Geoige ; witnesses, William 
Seattoun, younger of Disblair, William Blakhall, burgess in Aberdene, 
Patrick Wanhagen, bookbinder there, and Thomas Swentoun, cordiner 
there. It is noted that the same was also produced and registered on 
7 th August, 1644. (Signed) M. J. Ghalmsr. 



1644. CHAKLES I. 105 

MiBceiiaaeoiu 52. Aptid Cviros, trededmo die mensis Augustii anru) i>077imi isth August 

***^ millesiTno sexcentesimo qtuidragesimo quarto. 

The quhilk day in presence of me, nottar publict and witnesses Notorial 
underwretine, personallie compeirit David Moir, servitor to M' David ittesting^hat 
Williamsone, advocatt, procuratour for Marie Cunincrhame, in the personall wmiamaon 
presence ofif Archibald Mercer, Thomas Ezatt and Alexander Ezatt, advocate, pro- 
baillies of the burgh of Culros, and produced to them ane commissioun Mary Cunning- 
direct from the Committie of Estaittismakand mentioun thairin — Quhairas b^Sro Se"*^*^ 
the said Marie Cuninghame and Jonet Erskyne, hir dochter, was^^j^***' ^ 
detained be thame in the toUbuith of the burgh of Culros for certane mission from 
crymes of alledgit witchecraf t, and that the Parlament being suplicat be of EetotM* 
the said Marie and Jonet, hir dochter, of thair hard and extraordiner*"^^^^*"*^ 
dealling with them in prissone and thair instant tryell to be takine of Mary for 
thair inocencie, as thair suplication to the Parlament at lenth bearis ; 
the said Parlament remittit the saymne to the said Committie of 
Estaittis, and the said committie directit the foirsaid commissioun that 
quhair they dischargit all farder proceidingis upoun ane commisioun 
direct frome the Lordis of his Majesties Prive Counsell againes the said 
Marie Cuninghame for putting hir to ane tryell of ane assayse quhill the 
tuentie sext day of the said monetb of August instant, quhilk the said 
Committie of Estaittis remittit to the saidis Lordis of his Majesties 
Privie Counsell, unto quhom the matter proparlie belongis, quhilk 
commissioun being red to the saidis bailies, the said David Moir, 
procuratour foirsaid, maid dew and lawfuU intematioun thairof and 
causit reid the samyne to the effect they might not pretend ignorance 
thairof, and protestit, give they obeyitt nor f ullfillit the premisses of the 
said commissioun, that they sould be answerabill to the said Committie 
of Estaittis and all flowing thairupouu. Quhairupoun and upoun all and 
sindrie the premisses the said David Moir, procuratour foirsaid, askit 
instrumentis, ane or ma, of me nottar publict, day, yeir and place 
foirsaid, befoir thir witnesses, David, sone lawfull to the said Thomas, 
and Eduard Ezatt, burges of Culros, witnesses to the intematioun 
maid to the said Thomas and Johnne Hunter, maltmane, burges of 
Culros, and George Clark, servitour to the Laird of Carnok, and 
Robert Aytkine, servitor to me, Kobert Forrett, nottar under 
subscryving, witnesses to the intematioun maid to the said Archi- 
bald Mercer and Alexander Ezatt, testibus ad permissa rogatis et 
reqtiesitis. 

Ita est Bdbertus Forrett, notarius publicua, ad pemiissa rogatus et 
reqicesitvs, teste manu propria. (Signed) R Forrett. 

53. Holyruidhouse, 14th August, 1644. uth August 

Master William Oliphant, I am ordaned be the Lordis of his Majestys J^^ ^ ^^ 
Right Honourable Privie Counsell to attend ther Lordshipis the morrow wiiuam 
in the forenone concerning a ryot persewed against the Ladye Whitting- jo£, Auchl°"* 
hame, younger. But, because my urgent effairs doethe call my returne ™^^ j^^^ 



106 



REGISTER OF THE COUNCIL 



1644. 



.Papers. 



Ws^^^irator ^^^®> thcse are to request yow to compear for me and to attend there Miacdianeoiw 
before the Lordshipis orderis and directions thereanent. Sae, expecting your 

advertisment of there Lordshipis commandementis, I rest, your assured 

good frind : Jo Awchtmowtie. 



14th Aagust 
1644. 

Notes of 
executioiui at 
the instance of 
Sir John 
Preston and 
Sir OeoTi^e 
Preston 
against James 
I^an and 
others. 



54. Note of executions on 14th August, 1644, by Kobert Hendrie, 
messenger, of a summons at the instance of Sir John Prestoun and Sir 
George Prestoun, his son, against James Logan, tacksman, James Emrie, 
Christian Penman, his spouse, and Margaret Dustan, their servant, (1) 
all personally apprehended, and against James Spittell at his dwelling 
house, in presence of David Gray and John Gray, indwellers in Kyn- 
cairden ; and (2) at the market cross of Stirveling in presence of John 
Eobin, notary, and John Gy and William Shearer, merchant burgesses 
of Stirveling. 



14th August 
1644. 



55. Note of executions on 14th August, 1644, by Bobert Hendrie, 
messenger, of a summonds at the instance of Edward Bruce of Camock 



Note of 

atthe^kStance^''^) *8^"^^ James Caiglie, [William] Wauoh and John Wauch, person- 
of Edward ally apprehended, and James Spittell at his dwelling house, in presence 
Caraock of David Gray and John Gray, indwellers in Kyncairne ; and (2) against 
^igUe M™^ the same persons at the market cross of Striveling, in presence of John 
others. Kobin, nptary, and John Gy and William Shearer, merchant burgesses 

of Stirveling. On the back is a scroll of part of the finding in the 

cause. 



15th August 
1644. 

Production of 
the Council's 
warrant anent 
Mary Cunning- 
bam and her 
daughter in 
the Durgh 
court of 
Culross. 



56. " At Culrois, the fyftein day of August, 1644. 

" The quhilk day David Moir, servant to M' David Williamesone, 
advocat, preloquitour judiciallie constitute be the within named Marie 
Cunynghame, compeirit personally in the justice court holdin this day 
within the tolbuthe of the burcht of Culroise upone the said Marie, 
and producit in judgement this within writtin warrand and protestit 
that obedience micht be givin thereto be the justices contenit in the 
commissioune within specifeit, quhilk the justices present admittit, and 
thairupone the said David tuik instruments. JSxtractum. 

J. Kennewie, Clerk." 



17th August 
1644. 

Note of 
executions at 
the instance of 
Patnck 
Martin in 
Campoie 
against Alex- 
ander Inglis 
and others. 



57. Note of executions on l7th August, 1644, by William Cathrow, 
messenger, of a summons at the instance of Sir Thomas Hope of Craig- 
hall, his Majesty's Advocate, and Patrick Mairtine in Camsie, (1) against 
Alexander [Inglis] and Margaret Oliphant, his spouse, both personally 
apprehended, Mr Gilbert Stewart at his dwelling place, and John Taus, 
his servitor there in household with him, Harry Gib at his dwelling 
place there, Patrick Inglis, fiar of Byris, at his dwelling place in Derisch 



1644. CHARLES I. 107 

Miaoeiiaiiieoas Mure, George Eichie at his dwelling house in Craigmakerran, Andrew 
^*^ Merschell at his dwelling house there, and Patrick Davidsone and 

Robert Fairhar at their dwelling houses there ; as, also, at the market 
cross of the burgh of Perth, to compear before the Council on 21st 
August next ; witnesses, David Michell of Kintawquhie, David Michell, 
David Ray, messenger in Perth, John Duncane and John Duff, servitors 
to the said Patrick Mairtine, Walter Bisset, and Patrick Hamiltoun, 
tailors, Charles Maxwell, wright, and James Merser, writer, burgesses of 
Perth : and (2) against the following persons as witnesses in this cause, 
viz., William Swan in Quhytefeild, James Mairtine in Myresyde, Robert 
Tailzeour in Wolfhill, Alexander Wat[sone in] AirnetuUie, William 
Boyd in Guildwell, and Patrick Ductor in Barcleyhills, all personally 
apprehended ; also William Moncreiflf in Brydiestoune at his dwelling 
place there, and David Mortoun at his dwelling house in Craigmakerran, 
in presence of William Stewart in Mukarsie, and the said John Duncane 
and John Duff. 

At the foot of the paper are given the following names : — " Names of 
the defenders — Alexander Inglis, shireff depute of Perth, p. ; M"" Gilbert 
Stewart, shireff depute thair, ab. ; Patrick Inglis, fiar of Byres, ab. ; 
Williame Hay in Balleid, ab. ; James Tyrie, litster, burges of Perth ; 
Robert Jack, baxter thair; Williame Leask, burges thair; Johne 
Hendersone, burges thair ; Williame Spence, servitor to the said Alex- 
ander Inglis ; George Ritchie in Craigmakerrin ; Andro Merschell thair ; 
Patrick Davidsone thair ; Robert Fairer thair, p. ; Patrick Cowper thair ; 
Johne Tawis, servitour to the said M' Gilbert Stewart ; Andro Gib, 
maltman in Perth; Alexander Cunynghame, burges thair; Harie 
Drummond thair; Harie Gib in Dunkeld; Johne Mackie, burges of 
Perth ; Archibald Young, burges there ; Johne Smyth, burges thair ; 
Robert Clerk, skinner, burges thair, Margaret Oliphant, spous to the 
said Alexander Inglis. Names of the witnesses present : — Williame 
Swane in Quytfeild ; James Mairtein in Myresyd ; Robert Tailzeour in 
Wolfhill ; Alexander Watsone [deleted] ; Patrick Ductour in Barcley- 
hiUes/' 

58. Instrument of requisition under the hand of John Merschell, J^^"«"»^ 
notary, narrating that on 19th August, 1644, John Layng in the case of Adam 
Murrayes of Ormestoun, passed to the presence of Alexander Belshes of ^JJ^'^ 
that Ilk, beside the place of Belshes, between 8 and 9 of the forenoon, semtor to 
and desired him to send back Adam Jaksone, collier, servitor to the said the Murray^ 



John, that he might '* enter to his service and work in the coUpot of ^' ^'™****'"- 
Ormestoun," which the said Alexa 
John Laing took this instrument. 



Ormestoun," which the said Alexander Belshes refused to do, whereupon ®®**^p- 



59. Note of executions on 19th August, 1644, by Patrick Burnet, 19th August 
messenger, of a summons at the instance of Sir John Auchmowtie of ^^^' 



108 



REGISTEK OF THE COUNCIL. 



1644. 



Note of Grosfurd, knight, sheriff principal of Hadingtoun, George Pringill, his Miscellaneous 

JhriScf of depute, Archibald Douglas of Quhittinghame, and Sir Archibald Douglas ^"P^"*- 
Auchmuttie of ^^ Keilour, knight, against (1) Dame Elizabeth Prestoun, Patrick Tempill 
Gosford in Quhittinghame, and Thomas Stevinsoun, smith in Staintoun, all 

SfwiSbeth*™^ personally apprehended, and against Andrew and Adam Hepburne in 
otbe^"*"^ Bairfurde, at the manor place of Bairfurde, where they have their 
residence, as also at the market cross of Hadinton, to compear before 
the Council ; witnesses, Alexander Crumble, elder in Stanton, Thomas 
Hawe in Quhittinghame, and Archibald Bald, burgess of Hadintoun; 
and (2), against Alexander Miller m Quhittinghame, Robert Mure 
there, and Adam Skirving there, at their dwelling houses and also at 
the market cross of Hadinton ; witnesses, the said Patrick Tempill and 
Archibald Bald, and Thomas Mackall, messenger. 



20th August 
1644. 

Note of 
execution of 
summons at 
the instance of 
Sir John 
Auchmoutifi 
and others 
against Jasper 
Wilson, 
stabler, and 
others. 



60. Note of execution by James Grahame, messenger, on 20th 
August, 1644, of a summons at the instance of Sir John Auchmowtie, 
sheriff principal of Hadingtoun, George Pringill, his depute, and others, 
against Jasper Willsoun, stabler, Mr John Keith, merchant, and Mr 
Bobert Hay, at their dwelling houses in Edinburgh and Cannogaitt, and 
at the market crosses of these places, to compear before the Council ; 
witnesses, Thomas Deanis and Alexander Haitlie, burgesses of . . . 
John Olipher, younger, messenger in Edinburgh, and David Carse there, 
. . . Lynsay, post, and Alexander Croce. 



61. Summons at the instance of John Layng in the Murreyes against 
Case of Adam -^^xauder Bclseis of that Ilk, and Adam Jacksoun, collier, as narrated 



20th August 
1644. 



Jackson, 
collier. 



ante, p. 24 ; dated at Edinburgh 20th August, 1644, and signed Arch. 
Primerose, Cler. S. Cons. A note of the finding is upon the summons. 



20th August 
1644. 

Adam 

Jackson, 

collier. 



62. Note of execution on 20th August, 1644, by James Sandelandis, 
messenger, against Alexander Belses, at his dwelling house of Belses, 
and against Adam Jacksone, indweller there, who was personally 
apprehended, to compear before the Council on 21st August next; 
witnesses, Andrew Lawder, servitor to Mr William Cokburne of Stobbis, 
and Thomas Jonestone, son to James Johnstoun in Westbyres. On the 
other side of the paper there is a note of the finding in the cause. 



20th August? 63. 



Pleis your Lordshipis cans call the letters of complaint at 
the instance of Margret Thomsone, spous to Archibald 
Gray in Calder, aganes the Toutour of Calder, and minister 
thairat, and to cans thame produce the said Margret, 
supplicant. 



^nterrojMtoriM Item, that your Lordshipis wauld interrogat the witnesses anent the 
anent crueltic usit agaucs the said Margret be tormenting of hir in prisone as 

Margaret foUowis • 

Cunningham, lUJ^iOWiB . 



1644. CHAELES I. 109 

Mi«.oeiianeoii8 To wit, the said Margret hes beene keipit in prisone thir sexteine imprisoned on 
***"• oulkis, ofif the quhilk space echo wes compellit to stand on hir f eit upoun wOchcraft! ^ 

ane stand only without removeall to any place, haiffing ane goun of 
sackcloth upoun hir naiked bodie the haill space of tuentie sex dayes 
U^dder without anie leive to sit or ly doun, and that scho wes ordanit 
to be haldin waiking all that space and men dailie and nichtlie attending 
upoun hir for that effect, quhairby scho, wanting sleip and rest, did 
siudrie tymes stumbil and fell doun to the ground, quhair scho did braik 
hir face and heid to the affuising of hir blood siudrie tymes, quhairby 
scho wes in perrill of hir lyf by dining out of hir braines by falling so 
oft 

Item, to interrc^at James Sandielandis, baillie of Calder, whither or 
not he did straik the supplicant with ane staff or not when scho fell 
for weirines to compel hir to stand up. 

Item, to interrogat the minister whither or not he did straik the 
supplicant with his wand and becaus the same wes not of greit force he 
did straik hir with ane rung, and that at the last night when scho did 
stand with the goun of sackcloth. 

And that the supplicant be confrontit with the pairties and witnesses 
to be interrogat and examined as saidis. 

64. Summons at the instance of Margaret Young, prisoner in the 20th August 
tolbooth of Queinsferrie, narrating that she has been detained a prisoner ' 
since 1st April by the minister and bailies of Queinsferrie upon misin- the instance of 
formation that she is a witch, but who is refused a lawful trial and Yoimg7* 
very miserably treated " against law and conscience " ; and charging the^J^JJ*^^*^® 
said minister and bailies to compear before the Council on 21st August Queensferry, 
to see her put to liberty upon caution to answer as required ; dated at ^nkter and 
Edinburgh, 20th August, 1644, and signed Arch. Primerosb, Cler. S. ^^*^,^^*|^« 
Cons. 

On the back there is a note of execution the same day by John 
Hairt, elder, messenger, against Edward litill, one of the bailies of the 
Queinsferrie, personally apprehended, for himself and on behalf of 
Thomas Wilsone, the other bailie, as also i^ainst the said Thomas 
Wilsone, and Mr Ephraim Melvill, minister there, at their dwelling 
houses ; witnesses, Thomas Achesone at the ferry, and Thomas Thome- 
soun there, 

65. Dilationes maid be the witches eftir specif eit aganis Margaret 20th August 

Young, lawfuU dochter to John YoungI mariner in Queens- ^jj^^^^^g i, 
ferric, quhais mother,'' mother sister and sister "wer all certain witches 
brunt for witchcraft, and being dilaited is now appre- tions^tLr^" 
hendit and detenit in ward for the odious and abominable yoiSg*^ 
cryme of witchcraft, quhairof sche is guiltie, collectit and ^^^k^^*" °' 
extractit furth of the saidis witches thair severall confes- mM-ineAn ' 
siones, processes and dittayis be me John Mylne, clerk of 2**^j{JJ®q7* 

witchcraft. 



110 



REGISTER OF THE COUNCIL 



1644. 



the said brucht and als clerk to the saidis 
saidis confessing witches, as foUowis, viz.: — 



of the Miscellaneous 
Papers. 



Umquhill Elspat Cant/ being brunt for witchcraft, confest upon the 
sext day of December last that umquhill Isobell Young, dochter to the 
said John Young and sister to the said Margaret Young and the said 
Margaret, ar bo the richt ill of witchcraft. 

Umquhill Katherin Logie^ being laitlie brunt for witchcraft, confest 
the said Margaret Young is als great a witche as the said umquhill 
Isobell, hir sister, wes quha wes laitlie brunt. 

Umquhill Marione Little^ being laitlie brunt for witchcraft, confest 
saying to M' Ephraim Melvill, minister of God's word at Queensferrie, 
and Samuell Wilsone, ane of the baillies of the said brucht, * Quhy doe 
ye watche me rather then Margaret Young,' and ane uther apprehendit 
witche quhais mother sister, mother and sister wer all brunt for witch- 
craft, and ane hirselflf quha hes beine bred and brought up ane witche 
and is assuiredlie ane witche and the said Marione did deiplie swear the 
premisses to be of veritie. 

In witnes of the quhilkis premisses I, the said Johne Mylne, have 
subscryvit thir presentis with my hand, day yeir and place abone- 
wrettin. 

Jo. Mylne. 

Mairover, umquhill Cristiane Melvill, parochiner of Abercome, being 
laitlie brunt thair, confest that umquhill Helene Hill wha wes laitlie 
brunt at our bnicht of Queensferrie, being mother to the abone specifeit 
Margaret Young, sche being coming fra Winchbrucht to the said brucht 
of Queensferrie accompanied with umquhill Isobell Young thair, wes 
lykwyse laitlie brunt, and the said Margaret Young, hir tua dochteris, 
the devill met with them at ane place callit the Swynisburne quhair the 
said umquhill Helene did give over hir saidis tua dochteris to the devill, 
and the said umquhill Cristiane being demandit iff sche wes with them, 
confest sche wes nocht thair at that tyme bot aflirmit sche hard it wes at 
that place, and that it wes werie trew as the confessione of the said 
umquhill Cristiane herewith to produce and subscryvit be famous 
witnesses can testifie. 



21st AugiMt 66. It is answerit that the said sentence and service of the tutour of 

Question of ^^^ Cannot be respectit, being cleirlie null be reassone of the manifest 

the appoint- iniquitic committit be the judge in serving of ane tutour of law eftir 

tutor of law in that the tutrix nomiuat did compeir and alledge that no persone could 

haine case!"*^ ^ scrvit tutour of law and becaus there wes ane tutour nominat to the 

defunct, viz. his spous, and it is cleir in law that qtmTndiu opercUur 

testamentarius tutor non est locus neqtie Ugitimo neque dcUivo and scho as 

tutrix nominat is offerit presentlie to be provin be productioun of the 

nominatioun ; and quhill this questioun be decydit be the judges ordinar, 

the Lordis of Sessiouu, the pairties must continew in the case and 



1644. CHARLES I. Ill 

Mkoeiuneoos possessiouD they ar in presentlie. [On the baxsk are the following 
Pipers. jottings] — "The Couneell [sic] the shireflf mayst laufuUie seale the 

doores be vertew of his commission. And therefore susteaus the 
summonds at the instance of the shireff, and for the tutorie remits 
thame to be decydit be the judge ordinar. The Couneell susteans the 
procuratorie given be Sir John Achinmowtie to William Oliphant." 

67. Scroll of the finding in the action by Sir John Achmowtie,r2i8t August 
sheriff principal of Hadinton, and others against Lady Whittinghame, '^ 

and others, as narrated ante, p. 25. Whittinghame 

and others. 

68. Paper containing a draft of the finding in the action about the r2i8t August 
ofl&ce of tutor to Archibald Douglas of Whittinghame. Containing ^^*^|. ^^^^ 
also as follows : — " The witnesses names. Alexander Millar, p., con- office of tutor 
fessed he wes a tenent of the lands of Whittinghame, BobertMure, p.; Douglas of 
Adam Scrivener, p. ; Thomas Hewie, gardener, whae ar hear present to Whittinghame. 
prove the ryot." 

69. Informatioun for Patrick Mairtene in Campsie contra 2ist August 

Alexander Inglis, Shireff Deput of Perth. 

If Alexander Inglis alledge absolvitour from the second pairt of the information 
complaint upon his decreit of bluid unlawis and upon his poynding be Mlrtin^Tn^ 
vertew of the said pretendit decreit. Campsie am<m 

* Alexander 

To answer that the said pretendit decreit and poynding thairupoun inglis, sheriff. 
cannot be respected becaus the said pretendit decreit of blood unlawes is Penh.^ ^ 
null for the reasones f(»llowing : — 

First, because the said persewer wes sumond at his dwelling hous 
(beinge absent for the tyme), upon ane Sabboth day at night, to com- 
peir upoun Munday thaireftir and wes decernet befoir twelflf houres 
quhilk was scarcelie sextene houres betuixt the citatioun and the 
decerning, quhairas be the act of Parliament of King James the 3, par. 
6, caput 72, all citatiounes ar ordanit to be upon fyftene dayes in all 
actiounes and causes befoir shireffis and temporall judges and to direct 
thair preceptis in that maner thairupoun, and the said pretendit 
decreit, not being upon 15 houres, quhair 15 dayes is ordainet be the 
said act of Parliament the said pretendit decreit is ipso jure null. 

If it be alledgit that it is contrair to custome, — To answer that the 
lawis rewlis the leidges and not custome, quhair lawis are standing 
unrepelled ; (2) If custome wer to be observed in this cais, the said 
custome is onlie in favoris of barrones quha ar in use to wairne pairties 
to thair courtis upon twentie foure houres wairning and not within, bot 
shireffis hes not, at the leist sould not have discussed him, becaus the 
said act of Parliament prescryvis fyf tein dayes to shireffis pef* expressum ; 
(3) If shirefiis sail have power to hold courtis not onlie within fyftein 
dayes bot within twentie four houres, then all nobillmen and barones 



112 REGISTER OF THE COUNCIL 1644. 

salbe prejudgit of thair priviledge and right of holding courtis and un- Miscellaneous 
lawing for blood, becaus the shirefif sail hold court within quhat space ^^p®"- 
he pleises without controlment (if this practique have place) and the 
noblemen and barrones salbe to the keiping of the space of twentie 
four houres at leist, and so shireffis sail evir prevein them if this cita- 
tioun be sustenit quhairwith the perse wer is alledgit to be sustenit. 

Secondlie, the said act of court is null ipso jure, becaus it findis 
the defenders to be guiltie of the blood albeit they be not compeirand 
and the most that the shirefT could have done for thair not compeirance 
(albeit thair citatioun had bein lauful as it wes not) wes to have 
unlawed them for thair not compeirance. 

Thirdlie, the said blood unlaw could not bein decerned against 
the saidis defendares as contumacious for thair not compeirance, except 
they had bein laufuUie wairnet upon fyftene dayes, as said is. 

Fourtlie, the said pretendit act is null becaus it is given upon 
ane Munday, quhilk is not ane lauful court day according to daylie 
practique and custome of the kingdome, the said day being keiped as 
feriot in all places in judicatorie throu the whoU yeir. 

Fyftlie, the said pretendit poynding is null becaus the saidis 
cattell and guidis lybellit ar alledgit poyndit without ony preceiding 
chaiige given to the compleinar upon the said pretendit act for making 
of payment of the saidis blood unlawis, quhilk chairge according to 
daylie custome behoved to be given befoir any poynding could have 
bein given. 

Last, the Lordis of Counsall wald be pleased to considder the malice 
of the defender in this maitter and haill proceidingis thairof that he, 
being this long tyme and as yit the cheif deput of the shireffdome of 
Perth, the said court hes onlie bein rewled and directit be him in everie 
thing, and in this business it clearlie appeares that he hes bein both 
judge and pairtie and be all indirect meanes stryves under the cuUor of 
justice (quhilk of all injuries and wronges is the greatest) to force and 
compell the defender to quyt his heretage, quhilk lyes in nightbourhead 
and in pairt in rinrig with the defendares landis. 

c. 2i8t August 70. Answers for M' Gilbert Stewart and Alexander Inglis, 

shireffs deputis of Pearth, to the pretendid complaint given 
in against them be the Earl of Perth and Patrik Mairtein, 
his tennent. 

Answers by 

Stewart and '^^® Complaint conteans tuo particularis as alledgit upoun the last of 

Alexander May be Alexander Inglis. and the uther in Junij last be the said 

deputes of Alexander and M' Gilbert Stewart, shiref deputs and thair complices. 

SmpiaiSt*^^ As to the first poynt alledgit committit be Alexander Inglis foundit 
^«° y»^y^« upoun the contraventioun of the actis maid against the beiring and 

and Patrick wearing of hagbits and pistols, quhilk the complaint beirs the said 

tenant.' " Alexander did contravein upoun the said last of May and with ane 



1644. CHARLES I. 113 

)(Moeiianaoos draweu suord did invaid Patrik Mairtein, it is answerit, us said is, that 
^*^ that poynt cannot be a ryot or a breatch of the peace, thair being no 

convocatioun lybellit, and as for the wrong lybellit it is cleirlie libellit 
to have bein done be the compleiner himself in sa far as be his own 
Ijbell he confesses that he tuik the sword and vapons lybellit from 
Alexander Inglis : naither is it lybellit that ewer Alexander Inglis did 
any wrong with the vapons bot that the compleiner tuik the vapons 
from him, so that all the wrong lybellit is that Alexander Inglis 
intendit to taik the oompleiners lyfe, quhilk, as it is not nne ryote, so it 
is cleirlie proven and judgit alreadie that the wrong committit wes done 
be the compleiners themselves and thay adjudgit in a blood and wrong 
be the shiref of Pearth his decreit deduceit upoun laufuU probatioun, 
quhilk is instantlie produceit for veriiieing of this defence. And as 
for the poynt of beiring of pistolis, the same can be na wronge now in 
thir trubilsome tymes quhen the leigis ar commanded, under all heighest 
pain to aiime themselves and put themselves in a postour of war in 
the tyme of this combustioun and commoun truble of the keingdome ; in 
respect quhairof and that thair wes na convocatioun bot that the wrong 
committit is judgit and fund to have bein done be Patrik Mairtein 
himself and his complices and not be the said Alexander Inglis, shiref 
depute, and the said Alexander aucht not onlie to be assoilzeit, bot the 
said Patrik punisht for the wrong committit and for trubliug of the 
Lordis of Privie Counsell and this defender thairanent. 

As for tl)e nixt particular alledgit committit be M' Gilbert Stewart 
and the said Alexander Inglis, shiref deputes, and thir complices in 
Junij last in talking away the guids lybellit be way of convocatioun 
from the said Patrik, it is answerit that the defenders aucht to be 
assoilzeit, becaus they offer to prove and instantlie instructis that thay 
laufulie poyndit the guids lybellit be vertew of ane decreet pronunceit 
be the shiref of Pearth upoun the thrid of Junij last, and did convocat 
the leiges laufulie conforme to the la wes of the keingdome for executioun 
of the said sentance as the decreit, precept and executiounis of poynding 
pi-oduceit be the defenderis for veiifieing heirof beiris, and sua quhat 
the defenderis did in Junij last, haveing done the same autore pretorc 
and be vertew of ane lauful sentance be poynding conforme to the lawes 
of the keingdome, the same can be no ryote, but thay aucht to be 
assoilzeit thairfrae; lykeas the said poynding and decreit wald be 
sufScient to assoilzie the defenderis befoir ane civill judge meikle more 
of the law in justice must the same assoilze the defenderis from ane 
rayote befoir the Counsell ; and the defenderis adhears to the decreit, 
precept and executiouns of poynding produceit standing valeid and 
unreduceit till the same be taiken away via ordinaria befoir the Lordis 
of Sessioun efter laufull citatioun of all pairties haveand intres quhilk 
ar not heir summound ; and if the persewars intends reductioun befoir 
the Lordis of Sessioun the defenderis sail answer and sustean the decreit 
to be laufull and valeid, bot hoe loco thay adhear to the forsaid defence, 

VOL. VIII. H 



114 REGISTER OF THE COUNCIL. 1644. 

decreit, precept and executiouns produceit, quhilk is sufficient to eleid MisceiiADeous 
the complaint. Upoun the production quhairof and of thir defences the *^"' 
defenderis taikis instrumentis. 

29thAugutt 71. At the nianer place of Whitinghame, the tuentie nynt day 

of August, j^vj^ fourtie four yeiris, and of our soverane 
Lords reigne the tuentie yeir. 
Notarial The quhilk day in presence of ane nottar publict and witnese^es undiBr- 

Httestinff that Written compeirit personallie Dame Elizabethe Prestoune, Laidie Whit- 
beth Preston, inghamc, within the said maner place of Whitinghame, and thair for 
LadvWhit- obedience of ane decreit and warrand grantit be the Lordis of his 
obeyed the Majesties Privie Counsell to the shireffe principall of the constibuUarie 
Counciianent of Hadingtounc and his deputs to pass to the said maner place of 
*^a(»'of °*^ Whitinghame and tak inventer of the haill guids and geire thairintill 
Whittinghame. and ane inventer of the chartour keyst, and alse ordaining the 
said Dame Elizabethe Prestoune to remove from the said maner 
place and house of Whitinghame, and to delyver the haill keyis of the 
haill roums, trunks and cheists thairin to the said shireffe of Hading- 
toune and his deputt, the said Dame Elizabethe went withe the said 
shireffe his deput and clerk throw out the heall roumes and chalmers of 
the said house of Whitinghame and gaw up the just and trew inventer 
to the said shireffe his deputt and clerk of all the guidis and geir that 
was within the said place, and opened the studie dore quhair the charter 
kist [is] quhair the said shireffe and his deputt fand the ^id charter 
kist seilled be hir umquhill husband seall and stamped thairwith sua 
that the said Dame Elizabethe had never beine in the said studie since 
the sealling and stamping of the dore thairof, quilk they fand seallit and 
stamped, as said is. And, eftir all, the said Dame Elizabethe, in obedience 
of the said decreit, conforme thairto, delyverit the heall keys of all the 
roums, trunks and kists of the said hous of Whitinghame and being 
within the samyne to the said shireffe his deputt and cleirk, and ther 
instantlie removit hir selfe and heall famillie furthe and fra the said 
place and house of Whitinghame. Upon the quhilk all and sundrie the 
premeissis the said Dame Elizabethe Prestoune askit and tuik instru- 
ments and declairit that she had obeyit and fulfilled the said Lords 
decreit and ordinance in all points. Thir things wer done befor William 
Awchinleck and Hew Siuclar, servitour to Sir Johne Awchmoutie of 
Guisfurde, kny tt ; witnesses requyrit and desyrit heirto, day, yeir and 
place forsaid. 

Ita est Magister Joannea Alexander, notariiis publicus in premissis 
requisitvs, testantibiis manu mea signoqiie. 

iithSeptem. 72. Supplication by Archibald Doifglas, son of Sir Arthur Douglas 
« ' ,. 1. oi Quhittinghame, Sir Archibald Douglas of Keillour, his tutor, and 

Supplication i.n, , tf.i ., »^ 

by Archibald his grandmother, on the mothers side, narrating that on 22nd 

of'sv Arthur August last they obtained decreet against Margaret Prestoun, spouse to 



1644. CHARLES I. 115 

MtMeUaneoos the Said deceased Sir Arthur, decerning her and her accomplices, nougia» 
^**^ surprisers of the house of Quhittinghame, to remove therefrom and givehJ,n,e^'tha? 

the keys to the Sheriff of Hadintoun. She has not obeyed the decreet ^arra'j*^ ^ 

^ •' given to the 

but still by one, Patrick Tempill, keeps possession of some houses within sheriff of 
and of some houses without Quhittinghame, and Patrick Whytlaw of remoyemrick 
that ilk, who was ordained to have intromission with the whole, refuisesJ^^^^^^*J[J*^g 
to meddle. They crave that power may be given to the said sheriff toj^»thinthe 
remove the said Patrick Tempill, and that the tenants may be ordained whittinghame. 
to retain their teinds as in the preceding years at the same rate. On 
the back is a finding signed by Laudbrdaill, I.P.D., and a scroll in 
terms of that noted aTi^^, p. 27. 

73. Summons directed to John Hutsone, messenger, at the instance i2th Septom- 
of Mr John Veitch, minister at Robertoun, and others, against Dame *^*' ^^*' 
Grissell Hamiltoun, Lady Lamington, and others, as narrated, ante, p. 28 ; the instance of 
and also against Mr George Bennet, minister at Cathquhon, John yJitch*^" 
Jarden in Robertoun, William Inglis there, Robert Johnstoun ing'^J^^'"* 
Catchapill, Richard Jarden in Overhouses, Thomas Jarden in Wandel- against Dame 
dyk, James Galloway in Hartsyde, William Baillie of Hardington, HamTiton and 
Archibald Lyndesay in Robertoun, and John Mairshell in Hartsyde, as^^®"- 
witnesses, to compear before the Council on 2nd October next; dated 

at Edinburgh, 12th September, 1644, and signed Arch. Primerose, 
Cler. S. Cons. 

74. " Memorandum for Archibald Prymrose. First, to wreat to the 28rd Septem- 
Earle of TuUibairdin for taking a care of all the boats upon Tay above J*" *' 

- . _ - 11.1 11 1 o. . T 1 Memorandum 

Samt Johnstoun and to brmg thame all doune to Saint Jonstoun, and, for Archibald 
if thair be any foords upon Tay that ar passable, to cans some horse a "enrSfe 
have ane eye to the foords, and to send intelligence to the comittie heir|j^^J^^^^* *" 
upon all occasiones and to have the schyre alwayes ready in a posture 
of defence in respect that the Irische rebellis* ar thought to returne that 
way. 

" Itemx, to wreat ane order to the Laird of Swintoun, shireff of 
Berwick, for goeing to Berwick and to receave the prisoners thair and 
to bring thame to Edinburgh as he will be ansuerable to the Estates 
upon his dissobedience. 

" litm, to wreat ane letter to Westquarter to have ane cair of the 
toune and castell and bridge of Strivilling, and to have ane cair of all 
the foords above Stirling of the water of Forth and to secure the maine 
passages be breist-workes and redoubts, and to bring doune all the boats 
upon Forth to the Bridge of Strivilling in respect that the Irische rebellis 
ar thought to returne that way. 

" /item, to wreat ane letter 

'' Letters to the provest and bailies of Glasgow for securing thair toun. 
Committie of Warre, Jo. Sempill, Glencame, Westquarter, Carnegie. 

^ These were the Irish who took part in the campaigns of Montrose in 1644-5. 



116 REGISTER OF THE COUNCIL 1644. 

"Precept for 100 pistoUs to Rootmaister Campbell for the use MuoniiaiMOQs 
of Air and Renfrewes troupes, the rootmaster being comptable to *^"' 
the publict. 

'' Halfe a moneths meanes to Lieutenant Colonel Lumsden. 

** Precept for money es to Rootmaster Campbell for carying his pistolls 
to Qlasgow. 

" Orders to Clakmannan to putt out the like numl)er of hors as in the 
first expeditione under Rootmaster Stenhous and Palmer?" 

26thSeptem. 75. At Lanerk, the 26**» of September, 1644. 

Election b '^^^^ quilk day the presbiterie, efter long patience, seriouslie resenting 

the Presbytery the great iudiguitie they suffered into the kirk off Wandell and 

Mr. wtuiam Lamingtoun, by repelleing in a violent and tumultuous manner, even 

^'Sr'Tnd'Mr. "P^^ ^^® Lordis day, M' Andro M«Gie, wha was sent their with M' 

Alexander Georg Bennct, commissioner from the presbiterie, to preach their in ane 

as their orderlic and peacable manner, quilk indignitie, if it be not condignlie 

to™be*Ooundi punished, cannot but inferr great prejudice to the presbiterie of Lanerk, 

*?M* *A* rt ^^ particular and to ecclesiasticall authoritie in generall ; hes thairfoir 

M*Gie, whom elcckit M' William Somervell, elder, and M' Alexander Livistoun, their 

Wancieii and lawfuU commissioncris, with full power and expresse command to them, 

refui^to" ^" ^ attend the meeting of the honorable Lordis of Counsell upon 

accept as Wednesday nixt, the 2*^ of October, for calling of the summondis raised 

' theiranent ; representing the particularis of the foiresaid indignitie, that 

the honorable Lordis may be pleased to take such order theirwith as the 

nature of a fact of such dangerous consequence sail be found to require. 

Extract out of the bookis of presbiterie. (Signed) W" Somervell, clerk. 

26th, 28th, and 76. Notes of execution by John Hutsone, messenger, of the summons at 

ber 1644. the instance of Mr John Vetch, minister of Robertoun, and the presbytery 

Notes of of Lanark: (1) On 26 th September, 1644, against Dame Grissell 

summons at Hamiltoue, Lady Lamyngtoun, at her dwelling place of Lamingtoun 

Mr. Johir''^" being assurit that scho was within"), also Sir William Baillie of 

y®»^^*^***^® Lamingtoun, personally apprehended; witnesses, James Galloway, 

Lanark against officer of Wandell, and Robert Porteous in Bour of Wandell: (2) on 

Hamilton^** 28th September, 1644, against John Forrest, miller at Lamingtoune 

ton ^and™"*^ Bessie Carmichell, his spouse, and Janet Forrest, their daughter ; John 

others. Schanklawc, barony officer there ; William M^Cleland, kirk officer 

Se€awfe,p.28. there ; James Tennent and Eupham Douglas, his spouse, there; William 

Tennent there ; Lawrence Baillie there ; William Baillie and Grissell 

Fischer, his spouse, there ; Thomas Laidlaw and Margaret Wat, his 

spouse, there ; James Galloway and Christian Baillie, his spouse, there ; 

Grissell WatsTone, spouse to Edward Galloway, there; Margaret 

Pattersone, spouse to Robert Currie, there ; William Neilsone in Byres 

there ; Adam Baillie in Eastertoun or Lamingtoun ; Marion Baillie, his 

spouse ; Patrick Baillie there ; John M^Wat in Kaegill ; Bessie M°Wat, 

spouse to William M^'Wat, thei*e ; Janet Weir, spouse to William 



Pmpeis. 



1644. CHARLES I. 117 

M^Wat in Baitlawes; Grissel M^Wat, daughter to the said William; 
Margaret Baillie, servitor to Richard Baillie in Maynes of Wistoun ; 
Archibald Mitchell in Culter; and Thomas Moffatt, notary and 
messenger in Skirlling, all personally apprehended ; also Edward Gallo- 
way in Lamingtoun, James Baillie and Janet M^Cleland, his spouse, 
there ; Martein Wat and Katherine Baillie, his spouse, there ; Robert 
Corrie there ; Grissell M^Wat, spouse to William Neilsone in the Byres, 
there, Margaret Unes there, William M^Wat in Baitlawes, William 
M®Wat in Kaegill, and Katharine Baillie, servitor to Luke Pattersone 
in Hardingtone, all at their dwelling places in the town of Lamington, 
Byres thereof, Baitlawes, Kaegill and Hardingtone ; witnesses, Martin 
Smith in Hillhouse of Wandell and John Jardine in HoUhouse there : 
(3) on 30th September, 1644, at the market cross of the burgh of 
Lanark against the forenamed persons not personally apprehended ; 
witnesses, Michael Lamb, writer there ; Thomas Lawrie, tailor burgess 
there ; Lawrence Wod in Peperknowes, Robert Tod in Carmichell and 
others. On the back of this paper there is a scroll of the finding in the 
cause. 

77. Note of execution on 27th and 28th September by John Hutsone, 27th and 28th 
messenger, of the same summons, f^inst Mr George Bennet, minister leL!"^ 

at Quodquan, John Jardine in Robertoun, William Inglis there, Robert Note of 
Johnstone in Caldchappell, Richard Jardine in Overhouses of Wandell, ^mTsuramona 
Thomas Jardine in Wandelldyk, and James Galloway in Hartsyd, allg^**^^^* 
personally apprehended, and against Archibald Lindsay in Robertoun Bennet, 

ATX. \/ u 11 • -^ * J 4. 4.U • 1 IV 1 \ minister at 

and John Marchell m Hartsyd at their dwelling places, to compear as Quodquan, and 
witnesses, in the foregoing cause before the Lords of Council on 2nd^^ ®"' 
October ; witnesses, John Jardine in Hollhouse of Wandell and Martin 
Smith in Hillhouse thereof. 

78. Summons at the instance of Margaret Thomson, spouse to 2nd October 
Archibald Gray in Calder Mure, narrating that on misinformation^ *' 
against her of being guilty of witchcraft '' she wes apprehended by order the instance of 
from the Tutor of Calder and minister there and putt and keeped in^^I^a^ 
the vestrie of the kirk of Calder and cruellie tortoured for the space of ^g^^^j^ 

a quarter of a yeere," though she is most innocent thereof, and a free Gray in 
subject not convicted of any crime ; and craving to be put to liberty on against the^' 
caution to compear to her trial when cited. Charge is given to cite c^^or ^nd the 
the said tutor and minister to compear before the Council on , and minister there. 
also for citing witnesses; dated at Edinburgh, 2nd October, 1644, and 
signed Abch. Pbimerose, Cler. S. Cons. 

On the back of the summons th^e are the depositions of the wit- 
nesses, as follows :-^ . 

** Harie Elphinston, being swome, depons he come in severall tymes Depositions 
to the kirk and saw the supplicant standing with a sackcloth on her treaUnolTt of 
uixt her bodie and nothing more on her ; and this he saw two or three ^JJ/'ifrot ir 



118 REGISTER OF THE COUNCIL. 1644. 

the kirk of tymes and that he saw her fute brokin, and that the men that keeped Hiaceliiuieous 
conftnedTthere her saw her fall; and that to his knowledge she stood there about 20 *^"" 

under daves. 

suspicion of •^ 

witchcraft. '* George Elphinston of Seines, sworne, deponis be knowis nothing hot 

be report of the keepers that they stood 26 dayes, and that he went in 
severall tymes, at least 4 or 5 tymes in, and saw her with a sackcloth 
on her and no more, and her fute wes hurt. 

*' Alexander Gowans, sworne, depons he walked the supplicant one 
night and that she had no more on her but ane sackcloth, and that they 
kept her awakening. 

" Gawin Yernor depons he walked the supplicant one night, et in 
ceteris c^mfarmis precedenti ; and that several tymes she desired to sleep 
and satt doune, bot they raised her up agane. 

'' James Aikman, sworne, depons he walked tuo nights buc not when 
the other tuo witnesses walked, and that she had a haircloth on her 
naiked bodie, and that they keept her walkening. 

''James Saudelands, baillie, depons he walked her tuo nights and 
that she wes in hairecloth. Depons he knowis not how long she wes 
kept that way bot he believes it wes above 14 dayes. 

"Richard Wallas depons the supplicant wes kept 20 dayes, and that 
he walked one night and she had on a sek gowne. 

" John Wallas, he walked one night, and that she wes kept standing 
in sackcloth about 20 dayes." 

2nd October 79. Summons directed to James Grahame and John Hutson, 
„ ' ^ messengers, in terms of decreet of this date at the instance of Mr John 

Stunrnons ftt _ 

the instance of Veitche, minister at . . ., present moderator of the presbytery of 

Veitch,^" Lanerk, and Mr John Weir, minister at Carlouk, against Dame Grissell 

th^^resb'^te^ Hamiltouu, Lady Lamingtoun, Janet . [torn] . . lie in , Katharine 

oflin^rk^ "^M^^Wattin , William M^^Clellan, John Forrest, . . . Shankila, 

^Ssei HamU- Patrick Baillie, William and James Tennent, Bessie Carmichell and 

ton and others. jQjjg|. . . . to enter themselves in ward within the tolbooth of 

ea» <f,p. 'Edinburgh, and the husbands of the said women to enter their wives, 

until further order be taken with them for their insolence and riot in 

the kirk of Lamingtoun, on pain of homing ; dated at Edinburgh, 2nd 

October, 1644, and signed, Arch. Pkimbrosk, Cler. S. Cons. 

2nd October 80. Supplication by Margaret Young, spouse to William Moriesoun, 
' . merchant burgess of Dysart, as narrated arUe, p. 28. She craves that 
b^ Margaret she may be put to liberty on caution as her husband and she are " bot 
to^w^fiam^^^ poore, Simple and honest pereones.'and he not able to sustene me any 
mSiSw langer in ward." [On the back] . . . torn . , • " Ordains the 
burgess of supplicaut to be put to liberty, her husband being caution to exhibit 
she^y be her when ever he sail be required, under the pane of fyve hundreth 
put to liberty. ^^^^^ Lauderdaill, I.P.D." Also a scroU of the finding. 



1644. CHARLES I. H9 

ML«c«iiAMoaa 81.. SappliQation by the provost and bailies of Air OS narrated an^, 2nd October 
^^"^ p. 37. [On the back] "2 October, 1644. Fiat ut petitur, theyg^^'^,^^^^ 

repairing and keeping up also the bridge of Duin. Lauderdaill, I.P.D. by tL provost 
21 November, 1644. The Counsell grants this desyre simplie without a/f.^ ""' 
the addition of the bridge of Dun. Lauderdaill, LP.])," Also a scroll 
of the finding. 

82. Note of execution of summons at the instance of the moderator 5tb and 7th 
and presbytery of Lanerk. (1) On 5th October, 1644, by James J'^^^J; ^^^• 
Grahame, messenger, i^inst Sir William Baillie of Lamyngtoun, knight, executions of 
personally apprehended within the burgh of Edinburgh, to enter Dame Jh^jSgtance of 
Grissell Hamiltoun, his spouse, in ward ; witnesses, Alexander CampbelP^^™^^™^^ 
and John Hairt younger, messengers in Edinburgh: and (2) on 7th of Lanark 
October, 1644, by John Hutsone, messenger, against Janet Baillie, ^nium ^'^ 
Katharine M*^Wat, William M^^Cleland, John Forrest, John Schankila, ^j^^^f^^ 
Patrick Baillie, William and James Tennant, Bessie Carmichell and and otbere. 
Janet Forrest, all personally apprehended, and Dame Grissell Hamiltoun, 
at her dwelling place of Lamingtoun, to enter as above; witnesses, 
John Galloway, son to James Galloway in Hartsyde, Robert Chisholme 
in Hillhouse of Wandell, Martin Smith there, and John Frissell and 
James Williamsone, servitors to Richard Baillie in Maynes of 
Wistoun. 

8S. Summons directed to John Hutsone, messenger, at the instance 5th October 
of Dame Grissell Hamiltoun and others against the presbytery of 1^ ** . „ 

o, 1 1 . -n.?. 1 1 i-.i .-x /i , Dame Grissell 

Lanerk, as narrated ante, p. 31 ; dated at Edmburgh, 5th October, and Hamilton 
signed Akch. Primbrose, Cler. S. Cons. SSibJie^%f 

Lanark. . 

84. Note of executions by Samuel Johnestoun, messenger, of aoth, I7th, isth 
summons at the instance of Margaret Thomson, spouse to Archibald October 1644. 
Gray in Calder, (l) On 9th October, 1644. against William Sandilands, Note of 
Tutor of Calder, and Mr Hew Kennedie, minister at Calder, both person- thnnstanceM 
ally apprehended, to compear before the Council on 23rd October ;^^g^^ 
witnesses, Allan Tennant in Calder, Robert Baine there, and John spouse to' 
Hamiltoun, servitor to the messenger ; and (2) on 17th, 18th and 19thGre/inCaider 
October, against Harie Elphinstoun of Calderhall, George Elphinstounof^j*j^^^ 
Selmes, Mr Alexander Kennewie, indweller in Lynlythgow, Alexander Sandiiands, 
Growans in Nether Howdane, James Aikmane in Cockrig, James Sandi- caider, and 
lands of Murhousdykes, bailie of Calder, Richard Wallas in Gawisyd, John °**^*"' 
Wallas in Cleucheid, Gawin Vernor in Dodrig, and James Dowglas of 
Baddes, all personally apprehended, as witnesses, to compear as above ; 
witnesses, Mr George Hakket, servant to the said Harry Elphinstoun, 
Harry Pittkairne, cousin to the said Ifarry Elphinstoun ; David Lyon 
and Thomas Clerkson, tenants to the said George Elphinstoun : Arthur 
Phalupe and Gilbert Jeamesoun in Lynlythgow ; Thomas Smyth in 



120 



REGISTER OF THE COUNCIL. 



1644. 



11th, 14th, 
15th, and 17th 
October 1644. 

Note of 
executions at 
the instance of 
Dame Grissell 
Hamilton, 
Lady Laming* 
ton, and others 
acnunst Mr. 
Weir, minister 
at Carluke, 
and others. 



Clowiufurdsyke, John Aiktuau in Dresselrig, Hew Walker in Easter MlaceHaneous 
Muristoun and William Weir, servant to the messenger. Papora. 

83. Note of executions by John Hutsone, messenger, of sammons at 
the instance of Dame Grissell Hamiltoun, Lady Lamingtoun and others. 
(1) On 11th October, 1644, against Mr . . . Weir, minister at 
Carlouk, Mr John Home, minister at Lesmahago, Mr Alexander 
Livingstoun, minister at Carmichell, and Mr William Mortoun, minister 
at Wistoun, brethren of the presbytery of Lanerk, all personally 
apprehended, to compear before the Council on 23rd October instant ; 
witnesses, . . . Sandilands, servitor to Sir William Baillie of 



Lamingtoun, and John Stoddart and Richard 



indwellers in 



Sornffalla : (2) on 14th October, s^ainst Mr Robert Birnie, minister 
of Lanerk, personally apprehended ; witnesses, James Broun, son of 
Bernard Broun, maltman in Wistoun, and James Disquane, servitor to 
William Disquane there: (3) on 15th October, against Mr John 
Vetch, minist-er at Robertoun, moderator of the said presbytery, 
personally apprehended ; witnesses, Thomas Johnstoun, schoolmaster 
in Wistoun, and John Rae . . , smith there: and (4) on 17th 
October, against Mr Richard Inglis, minister at Dowglas, Mr John 
Lindsay, minister at Carstaires, Mr James Dowglas, minister at Cum- 
wath, Mr William Somerville, minister at Pettinane, and Mr John 
Wilsone, minister at Crauflford, all personally apprehended ; witnesses, 
James Forrest, notary and messenger in Lanerk, Andrew Alisone, 
commissary officer there, and Patrick Schankilawe, burgess thereof. 



12th October 
1644. 

Copy of 
summftns at 
the instance of 
Dame Eliza- 
beth Preston, 
LadvWhit. 
tin^name^ 
against Sir 
John Auch- ^ 
muttie, sheriff 
of Haddington. 



86. Copy of summons at the instance of Dame Elizabeth Prestoun, 
Lady Whittinghame, t^inst Sir John Auchinmutie, sheriff of Hadding- 
toun, who has charged her on pain of horning to remove from the house 
and place of Whittinghame and to deliver the keys of all the rooms, 
trunks and chests therein, of which charge she seeks suspension, 
because that upon 22nd August she went with the said sheriff and 
delivered the keys of her whole rooms, chests, etc , and he inventoried 
all that was therein before she removed from the said place. She further 
denies having put any one in possession of houses in the " utter close " ; 
and as to her inhabiting the barns and byres and dowcats, she was 
ordained to remove from the place, and having nowhere else to go with 
her family she was necessitated to live in the barn. Charge is therefore 
to be given to the said sheriff to compear on 23rd October instant; 
dated at Edinburgh, 12th October, 1644. On the back is a note of the 
finding on 23 rd October, as narrated ante, p. 34. 



16th October 87. Bond of caution by Sir Patrick Hepburne of Wauchtoun, as 

Caution b principal, and Patrick Congiltoun of that Ilk, as cautioner, for the 

Sir Patrick indemnity of James, Earl of Home, and his men, tenants and servants, 

WmicMouM under the penalty of 20,000 merks ; dated at Edinburgh, 16th October, 



1644. CHARLES I. 121 

1644; witnesses, Mr James Anderson, servitor to Sir Patrick, and for the 
'"'•^ Andrew Gterioch, servitor to Sir Thomas Stuart of Gamtullie. j1^" ESrt'of 

(Signatures.) Ho»W.«d 

ants. 

88. Extract of the decreet of the Lords of CouDcil in the action by 23rd October 
Dame Grissell Hamiltoun, Lady Lamingtoun, against the presbytery of^^'^^^^^ 
Lanark, as narrated ante, p. 31, signed by Arch. Primerose, Grissell 

Cler. S. Cons. LadyLamiog- 

There is also written at the foot a note of the proceedings OJ^ ^^^SJ^byteri- 
7th November, 1644, as follows: — *' Chargers personalie with the Lord of Lanark. 
Angus, who produced the decreit and letters of horning with answers to 
the reasons of the suspension. The Lords arUe omnia ordans the 
persons i^^ainst whom the decreit was gevin to enter thair persons in 
warde within the tolbuith of Edinburgh conforme to the decreit ; and 
continowis the discussing of the reasons of the suspension till the 12 th 
[of this] moneth." There is also a note of the proceedings upon 
the 12th. 

89. The answeer of the presbyterie of Lanerk to the pretenditj-^Srd October 

reasones of the Laird of Lamyngtounis suspensioun. Answer of the 

Thoffh it be trew that quhen we haif to doe befoir the Lordis of Pf^^y^'T 

° * of Lanark to 

Sessioun, we meet some tymes . [torn] . . in the mater of our stipendis, the reasons of 
yitt it is far contrarie to our expectationn and may appeir very . , . um^gton ' 
to the auctoritie of the most honourabill Counsall table, that suspen- a^fnt the 

^ induction of 

siounes sould be purchased in pre . . . ordinances thairof and that Mr. Andrew 
eftir we haif done our dilligenoe in complaining to the sover[aign]kirkof 
. . . and hes verifieit our complaintis by famous witnesses for^^^^"^^ 
repressing of gros ryotis and ... we sould be divertit from our 
callingis againe and againe by suspensiouns and new summo[nds] . . . 
no small greif to us, that the long lybell of many gros imputatiounes 
allegit against us quhich . . . last day in the hearing of the 
honorabill Lordis sould not haif bein immediatelie answered for fear of 
. . . impressioun fi^ainst us, for it seems our pairtie hes learned 
the old Matchiavelian maxime an . . . caluviniare semper aliquid 
adhcerebU, bot we are most confident now in end to find a . . . 
hearing without all prejudice, and that the honourabill Lordis will not 
think it a thing of litle con[sequence] or altogether unworthie of thair 
paines to hear and sie the ministeris of the gospell deered of . . . asper- 
siounes as mycht tend to the discredit of thair calling and prejudice of 
Godis work in thair ha[nds] . . . under the paine of the highest 
censure that can be inflicted upoun us, we offer to make . . . 
contrarie of such crymes as are allegit against us for cleering quhairof 
we doe humblie ... a few instanceis of many quhich are multi- 
plied and confusedlie repeated ad nauseam usque . . . long lybell. 
First, quhairas it is alledgit that the Laird of Lamyngtounes absence 
from the Counsell was not contumacious bot necessitat becaus he was 



122 REGISTER OF THE COUNCIL. 1.644. 

appoyntit by ordinance of .the kirk..that same, day to att[endj the MitceUaneout 
provinciall assemblie at Aire, we deny that thair ever was any such ****"* 
ordinance. For cleer . . . the act of reference of the Generall 
Assemblie heirwith producit ordaines the provinciall if the . . . 
sould not amicablie agrie befoir that tyme, to plant the kirk of Wan- 
dell and Lamyngtoun with . . . qualifieit man without relatioun 
to ather of them, citeing nather of them to keip the dyett for . . . 
oneris wer sent from the presbytrie of Biggar to call the reference, and 
the Assemblie for . . . more easie and advysed procedour aucht 
not to haif been troubleit with the sollistatiounes ... of the 
patrones, so that the Lairdis presence thair was meerly voluntar and 
unnecessar and deser[ve8] ... to be constructed by the honourabill 
Lordis as a kynde of continuatioun of the insolencie now compla[ined] 
upon, viz.: — the malicious and unreasonable opposeing of M' Andrew 
M^Gie ; for that was the . . . poynt quhich the Laird pressed at the 
Assemblie, that he mycht be excludit. Moreover thogh . . . Laird 
behoved to schew himselff at that assemblie, yitt the assemblie sitting 
doun upon Tuisday and . . . expeiding a great parte of thair 
effaires that day, the weather being very seasonable, we . . . very 
possible for the Laird to haif proponit his desyres to the assemblie 
upon Tuisday and ... to haif keapit the Counsell dyett at Edinburgh 
upon Weddinsday. Farther, we say it was the l[ady] and not the 
Laird quha was principallie cited before the Counsall. 

Secundlie, quhairas it is alledgit that the presbytrie of Lanerk did 
by thair commissionar transmitt the . . . prosequuting of the offence 
now complained upon to the presbytrie of Biggar, we answer, [that] 
the presbytrie of Lanerk had never any such thought, bot by the 
contraire the commissionar foirsaid was sent to requyre the presbyterie 
of Biggar according to the order of the kirk [to] cite the delin- 
quentis to come and receave thair censure from the presbytrie of Lanerk 
ag[ainst] quhois auc tori tie this insolencie was committed, without 
prejudice of our resolutioun to com ... to the honourabill Lordis 
of Coimsell for the civill pairt, as our act heirwith produced will testifie. 
And [see]ing the mater had been transmitted, we humblie desyre that 
it be considered whither it wer m[ore] reasonable for us to com- 
plaine of the presbytrie of Biggar for useing no dilligence in such 
[a] matter or for thame to oppose our just complaint in a thing 
quhairiu the auctoritie of the kirk in ... is concerned, for quhich 
even yisterday they receaved condigne censure in the face of the 
Assemblie. 

Thridlie, quhairas it is allegit that ..our moderator of the pres- 
bytrie of Lanerk hes declaired that. [he] gave, no warriCnd for 
rayseing of the said complaint, we answer that it is of veritie that the 
[said] moderator was present and als forward as any other in the 
judiciall choysing of our commissioner for prosequuting of these 
summondis and that he could doe nothing in privat in prejudice 



1644. CHARLES 1. 123 

MiMeiiMwonathairof. Lykeas he hee since judicialliedeclaired that his wordes quhair- 
^^^' upon the Laird took advantage did e8ca[pe] him through his igno- 
rance of legal] formalitie, quhich declaratioun is heirwith to be produced. 
^ Founhlie, quhairas it is alledgit that the Lady Lamyngtoun did 
no wrong hot did only mak civill interuptioun in hir husbandis absence 
for pre^ervatioun of his rycht, we answer that at this tyme thair was no 
appearing wrong or hazard of rycht, for the young man was not sent 
thair to be admitted minister, no not so much as with ane edict for his 
admissioun, bot simplie to be heard preach by that people, that it mycht 
eftirwardis in dew tyme appear quhither he had a calling from that 
people or not Now, if in such a cais a presbytries proceeding may be 
interrupted, we sie not how it is possible to plant a vacant kirk. And 
quhairas papistes are constrained to hear that they may gett informa- 
tioun, and the most violent opposeris of the entrie of a minister quhich 
we have hard of hes ever been content to hear, and thaireftir pretend 
some reasones of non-satisfactioun, this cannot bot appeer ane intoler- 
able and insolent contempt of all order and auctoritie of our kirk to 
interrupt the naked hearing of ane approvin preacher sent from a 
presbytrie. And farther, thogh thair had been any occasioun of civill 
interruptioun, as indeed thair was none, we humblie demand if ever 
such civilitie was seen or hard of for a lady with a company of vain 
weemen gathered out of divers parochines for the purpose to ascend the 
pulpet and fill it up. If the spirit of God in Scripture forbid weemen 
even to speik in the church, quhat a monstrous inverting of all order is 
this, for weeman in such a tumultuous maner to possess thameselfis of 
the chaire quhence Godis worde is ordinarlie uttered, and thence pro- 
claime blasphemous calumnies and reproaches. This was the doctrine 
of that Assemblie. Bot it is found of late and added in the eekit 
reasones that men wer sent quho did offer in a violent maner to lift up 
M' Andrew M^Gie and sett him in over the pulpet. It may appear that 
thair is great scaircetie of defenceis quhen, with untrewthes, impossibili- 
ties ar allegit, for how sould he haif been lifted in over the pulpett quhen 
the lady with two grosse countrie weemen had well stuffed the pulpett 
befoir ever he proponed his commission. Thair is no probabilitie that the 
latitude of the pulpett could receave a fourth, bot the trewth is that 
the commissioner sent from the presbytrie with the young man will 
testifie that my Lord of Anguse sent not a man thither that day except 
two, and yitt thair was present als many ordinar parochineris of the 
baronie of Wandell quho wer. most desyrous to hear the young man, as 
wold both have been willing and able to have purged the pulpett of the 
lady and her weemen, except they had receaved peremptour directioun 
to behave thamselfis orderlie quhatsoever sould occurr, so that if thaif 
was so much as the least meaning of. violence or tumultuous dealling on 
thair pairt, we sail be. content to acknowledge all that is lybellit against 
us to be trew. 

Fyftlie, quhairas it is alledgit that the said M' Andrew M<^Gie 



124 REGISTER OF THE COUNCIL 1644. 

went to that kirk to preach without a calling or warrand from the BfjareUttMotu 
presbytiie, we cannot hot admire such impudencie in abuseing the eares ^**^ 
of 80 honorable a judicatorie, since it is of undenyable veritie that the 
said M"^ Andrew was commandit thither not only by ane act of presby- 
trie for his warrand, bot also M' George Bennett, a brother of the 
presbytrie, was sent with him for more abundant evidence to the people 
that he was directed from the presbytrie, as our act heirwith produced 
will testifie. 

Sextlie, quhairas the presbytrie of Lanerk is most groslie traduced 
to the honourabill Lordis of Counsell as unjust, partiall and injurious 
oppressoures, first for refuising to receave a presentatioun from the 
Laird of Lamyngtoun, we answer that the act of our presbytrie, heir- 
with produced, will testifie the contrare. For the trewth is that we did 
receave a presentatioun from the Laird, first, with M"^ Johne Curries 
name, quho being ane actuall minister of the presbytrie, was found for 
divers weightie reasones to be intransportable ; then the Laird in face 
of presbytrie cancelling M"^ Johne Curries name causit put in M' 
Alexander Bartrnmis name, a young man quho did never to this hour 
appeare to accept and offer himselff to tryallis, so that this presenta- 
tioun becam voyd of itselff, nather can the Laird say that ever to this 
houre he did present or so much as nominat a tbrid. Bot it is allegit 
that our partialitie did appeir by receaving a presentatioun from my 
Lord of Angus quho had no rycht. We answer that it was not our pairt 
to judge of contraverted rychtis, yitt generall equitie taught us that the 
parochine consisting of two independing baronies, since all bnrdenis 
concerning the kirk ar conunoun to both, that both lykwayis sould have 
interest in the priviledgeis. Next, we found in our old presbytrie 
registeris that the last incumbent was cloithed with a presentatioun 
namincUim to the benefice and kirk of Wandellis, quhich may also plead 
our apologie with the Laird for giving the kirk that name, quhich act 
we have heir to be produced. Bot not trusting our awin judgement in 
such a matter for the legall pairt, that our proceedingis mycht be clear 
with the satisfactioun of bath pairties, we keepit many divers meetingis 
at Edinburgh by our coramissioneris with the pairties and laweris quhair 
both thair evidentis war seen and considerit, and in end we receaved ane 
informatioun in wreit subsciyhit by Sir Thomas Nicolsone, Sir Lues 
Stewart and M"^ Thomas Nicolsone, that my Lord of Angus was standing 
infeft in the baronie of Wandell and patront^ thairof, and that in thair 
judgement we aught to proceed in planting the kirk upon my Loidis 
presentatioun, quhich advyce we have hoer to produce, notwithstanding 
we wald not yitt proceed till we sent commissioneiis againe to Edin* 
burgh to requyr© the advyse of the commissioun of the Generall 
Assemblie quhat wer expedient for us to doe in such a case, quho did 
advyse us to proceed and plant the kirk with M' Androw M^Gie, 
without relatioun to ayther of the patrones till the questioun sould be 
legallie decyded, quhich advyse we have heer to produce. Lykas we 



1644. CHAELES I. 125 

MtscenaiMniu resolved to follow the sumen, and prevailled so farr with my Lord of 
^***^ Angus for furthering the plantatioun, to tak back his presentatioun for 

that tyme, labouring to give all assuirance to the Laird of Lamyngtoun 
in the strictest maner that could be devysed that this plantatioun sould 
nawayis prejudge his rycht, bot that the young man sould be bund to 
tak his presentatioun from the rychtwus awner quhen it sould be 
decyded. Nixt, quhairas it is allegit that we war so peremptour and 
uncourtwus that we wald not delay eftir the last incumbentis deceis for 
the space of fyftein dayis, we offer to make it guid that we delayed not 
only fyftein dayis, bot above fyftein weekis till we was much weighted 
with the long desolatioun of the people, useing all possible meins to 
bring the mater to ane faire and amicabill conclusioun, and so long tymo 
being past, the Lairdis presentation being voyd in itselff, as hes been 
cleered befoir, any rycht of presentation quhich the Laird had 'pro hctc 
vice did fall into the presbytries hand jure devoluto, thogh for respect to 
the Laird we made no use of it, quhich priviledge of the Kirk it seemis 
the Lairdis advocat hes forgotten quhen he alledgis that maxime of law 
to militat against us spatium sex mensium exspectari debet et si tunc non 
fiierit definita eontraversia provideri debet de eccle^a. 

Sevintlie, quhairas it is alledgit that the lady appealled from our 
presbytrie, and we could doe nothing stante appellatione, we answer that 
we have givin satisfactioun to all the pretendit reasones of that appella- 
tioun befoir our ordinar judgeis, both proviociall and Generall Assemblie, 
quho hes fully approvin the proceedingis of our presbytrie, thogh for 
peacis cause they recommend ane amicabill composeing of the questioun 
betwixt the patrones, quhich we have ever laboured for by all meinis 
possible for us. 

Lastly, quhairas it is alledgit that the lyball quhairupon the decreit 
was procured was intentit only by my Lord of Angus, the trewth is, 
immediatlie efter the committing of thatinsolencie, the presbyterie, haveing 
givin order to cite the Lady Lamyngtoun and her associatis in that 
offence, by the earnest intreatie of my Lord of Angus was perswaded to delay 
any process, ather civil 1 or ecclesiastick in that mater, till the Laird of 
Lamyngtounes cariage in the bussines should further appeir, quhich 
indeed hes been the cause quhy we have been so slow in complaining to the 
honourabill Lord is of Counsall. Bot, understanding that the Laird pro vis 
still more and more untractable, haveing now of late in the face of the 
commissioun of the General Assemblie [fallen] from a submissioun 
absolutelie and judiciallie embraced the very day befoir, so that the 
[kirk is] desolat and the peoples soules famisches through his willfullnes. 
We began to conce[ave that im]punitie had produced further insolencie 
and securitie quhich mycht justlie be imputed to [our not having] used dilli- 
gence in complaining to your Lordships as the honourabill patrones both of 
church and ... of disorder and insolencie, quho we are perswaded 
will now tak such course, that it may be kna ... the kingdome that 
such a barbarous ryot and contempt of all order is exemplarely punished. 



126 REGISTER OF THE COUNCIL. 1644. 

utherwayis all presby tries may expect this to prove such a preparative, Miuceiianeoiv 
that they have ... lie proceedingis in planting of desolat '**"* 
kirkis. 

We have been bold to trouble your Lordships with the hearing of these 
many words quhairunto we h[ave been] necessitat for cleering ourselffis of 
the great multitude of gross aspersiounes alledgit against [us] ; bot as for 
a legall answer to all the pretendit leasounes of that illegall suspensiouti, 
we retume . . .* bot the inviolable authoritie of your Lordships 
sentence alreadie pronunced, huniblie supplicating . . . that 
sentence your Lordships wald be pleasit to tak to your consideratioun of 
quhat consequence the ... of the ministeris of the gospell is, in 
the poyntis of thair callingis ; and if we have cleered our . . . as we 
wische to your Lordships satisfactioun, for our Maister his sake not to 
suffer it to p[as8 un]censured. 

28rd October 90. Eikit reason. 

1644 

^^^ . Farder, if any injurie has beine committit, it is by the presbytrie 

defence of the of Lancrick or the said M' Andrew M^Kie and . [torn] . . Lamingtoun, 
ESSv LanSng- bccaus, Lamingtouu haveing showin to the presbytrie his right of 
9arae°ctoe patronage of the kirk of Lam[ington] with his predicessorispresencatioun 
to the last incumbent, the presbytrie did not only manifest wrong to 
refuise,*but that wrong is the greater that they did admit to tryell the 
said M' Andrew M^Gie, who was presentit and . . . Lord Angus 
who nevir did nor can show any right at all or possession of presenting 
a minister to the kirk of La[mington quhich] wrong, if it should pas un- 
censured, presb^tries at thair pleasur may mak voyd patrones rychtis of 
presentatioun [by] affirmatioun of a pairtie pretending rycht and haveing 
power and credit with the presbytrie, and albeit the Lo[rd Angus] could 
have shewine any pretendit right to the presentatioun, as he could not, 
yitt when any contentioun aryses . . . tantes by all law, spcUium 
sex mendiim eicpectari debet pro difinienda contravei'&ia inter disceptardes 
patronatus et si tunc nonfuerit definita providere tunc debet de pasUyi^e, But 
sua it is that immediatlie eftir the deceis of the said last incumbent, and 
at the desyre of the Lord Angus did pro . . . ordour for the said M' 
Andrew M^Gie his tryell and admissioun to the said kirk, and wold not 
doe [soe much] as delay the samen for the space of fyftene dayis untill 
Lamingtoun should be advertised being [abroad] in the publict service, 
and presentlie appoyntit the said M*^ Andrew to preache at the said kirk 
inten[ding (as the] lybell raiseit at the instance of the said presbytrie beiris) 
to goe on in the ordinarie solemnities and ag . . . for planting of 
the said kirk, nnd that also eftir the ladie had appealed to the 
provinciall assemblie . . being the seventhe of Marche befoir the 

tym of his coming to preache at the kirk, whois preacheing thair [shoe] in 
name of hir husband, might lauchfullie oppose, hayeiug cum'd thair so 
farr againes all rule and ordour et . . . and to mainteine 
hir husbands right of patronage in his absens, whom it cheifle concemes 



1644. CHARLES L 127 

Mkeetuoieoiu defeivdere . . oppressionibtis ; and ther can be no greater oppressioun 

^^^^ done then to the presbytrie to plant a kirk with[out] the patrone 

and againes the heartis of patron and paroshine in the which paroshin 
Lamingtoun has his chieff . . . and the most part thairoff belongis 
to him in propertie and superioritie, qnhilk, when the provinciall 
assemblie considderit they have ordained another to supplie the place, 
and to tak presentatioun from him who sail [be found] to have best 
right, for the which effect Lamingtoune hes long agoe raiseit sutnmondia 
the presbytrie [against] and all uther parties pretending intres. Eftir 
raiseing off which summondis the presbityrie most wronge[fullie] and by 
instigatioune of the Lord Angus raiseit the said complaineit, in the which 
complent they show themselifis in ther usuall maner most partiall in this 
also that they call the kirk of Lamingtoun the kirk of Wandell 
and Lamingtoun, quhairas it haid nevir any uther name nor the kirk of 
Lamingtoune conforme to Lamingtounes ancient infeft[ment], and, if 
thair be any kirk or benifice callit Wandell, it is within the baronie 
thairof and callit Cald chappell. Sua it is manifest how partiallie 
and injuriouslie the presbytrie hes behaved themselffis againes 
Lamingtoune and . quhairupon he has given in a complaint 

to the Lordis of Secret Counsell against the said presbitrye. And as 
to the act of Parliament quhairupon ... is foundit, it can in no 
sence be interpret againes the Ladie Lamingtoune, who what shoe did 
wes not for invasioun [or] tnibleing of divyne service or raiseing any 
tumult or fray but only to maintane hir husbandes right and . . 
againes thpse who without lauchfuU calling cam to preaehe at Laming- 
toune, and so wronged both patrone [and] paroshine and who ofTered to do 
the samen in a violent maner in suae far that these persones who . . 
said M*^ Androw M®Gie, and wer sent with him by the Lord Angus, did 
ofTer in a violent maner . *. . said M' Androw M^Gie, and sett 
him in ovir the pulpit to preaehe efter the Ladie and her tenentis 
. . . all sober and quyat maner only to forebear the samen, quhilk 
persones nevirtheles in absens of the . . . wer ressavit witnesses 
againes them in the said cause, being manifest parties. 

28rd Octobris, 1644. 

Sederunt : — Lauderdaill, praeses ; Crafurd ; Klingorne ; Lanerick ; 
Balmerinoche ; [Treasurer] Deput ; Wauchtoun ; Sir John 
Smith. 

Quhilkie being called and the saidis suspenders compeirand personallie Suspenrion of 
and the [said] M' Johne Weir and M' Alexander Livingstoun compeir-iheabov^^^cwe 
and in name of the brethren of the presbyterie of Lanerk, who did notgJ^^P^a*****^^ 
produce the decreit abonewrittin nor the letters of horning, in regard docreit be 
quhairof the Lordis of Secreit Counsell suspend the saidis decreit and Lfore'the 
letters, haill effect and executioun thairof, upon the suspenders [ay and] ^®^"*'"^- 



128 REGISTER OF THE COUNCIL 1644. 

quhill the same be produced and the suspenders lawfullie warned HiaMUaneons 
[for] production of the same. P*p««. 

26th October 91. Summons directed to John Hutsone, messenger, at the instance of 
J,^*' ^ the moderator and brethren of the presbytery of Lanerk, narrating that 

Summons at toi--vi. , i. i^ -,»,. 

the instance of on the 2nd October instant they obtamed a decreet from the Lords of 

Mdpiwbyte^ Council for charging the Lady Lamingtoun, Janet Baillie, Katharine 

«' ^t^Ud ^''Watt, William M^Clellan, John Forrest, John Schankila, Patrick 

Lftmington BaiUie, William and James Tennant, Bessie Carmichell and John Forrest, 

cr«. ^ enter within ward in the tolbooth of Edinburgh, and the husbands 

of these women to enter their wives, but that suspension has been raised 

thereof for frivolous reasons. Charge is therefore given for citing these 

persons before the Council on 7th November to hear the suspension 

discussed; dated at Edinburgh, 26th October, 1644, and signed Arch. 

PRIMKROSE, Cler. S. Cons. 

26th October 92. Summons at the instance of Dame Elizabeth Prestoun, Lady 

^^^' Quhittinghame, narrating that John Cranstoun of Skaitsbus and John 

the instance of Edgar of Wcdderlic with concurrence of Sir John Auchinmowtie, sheriff 

Sth piston, ^^ Hadintoun, had charged her to remove from the house and place of 

lAdy Whit- Quhittinghame and deliver the keys. She had done so and did not 

agfunHt John expcct further trouble, or that it was necessary for her '' to come in and 

SkaiSbu8*and ^^^ ^^^ Suspensions." Of this they have taken advantage to protest and 

w^Weriw' ^^ denounce her to the horn, and that without the knowledge or warrant of 

the sheriff. In respect hereof she seeks suspension of their horning. 

Chaise is therefore given to cite the said John Cranstoun and John Edgar 

before the Council on 7th November next ; dated at Edinburgh, 

26th October, 1644, and signed Arch. Primkrosk, Cler. S. Cons. 



26th October 93. M' Georgc Bonnet depons upon the tent of Marche. he being 

1^* . . directed be the presbeterie to preach in the kirk lybellit, and haveing gone 

aneut the thair and M' Andro M'Gie being with him and following in throw the 

Eftdy Laming-' J^irl^i the Said M' Andro wes stayed, and after sermon the deponer 

Wrk of*^* acquainted the people that M' Andro wes to preach in the afternoon, and 

Wandeii. the deponer, haveing gone out of the pulpit after he had ended sermon, 

imediatelie thairafter three weemen went up to the pulpit in plaids, 

quhairof the Ladie Laminton wes one ; who said *'I would see who darre 

take me out," and said farder, "Albeit you be compared to a dog, ye sal 

not barke heir." And M' Andro having desired to have accesse to preach 

conforme to the presbiteries orders, they refused him. 

John Jerdaue, swome, depons conformis, and that John Shankilaw 
wes not in his awne seat, bot wes neir the pulpit, and held his sword in 
his hande. 

William Inglis depons can/ormis, and that the twa weoroans 
names were Janet BaiUie and Katherine M^Wat. 



1644. GHAKLES L 129 

Miweiianeoiu Robert JooBton, sworne, depons he saw the Ladie Lamynton and 
^"^ two weomen goe up to the pulpit and that one of the weomen wes called 

M^'Wat, hot remembers not the words lyballit. 

Richard Jerdan depons conforme to the first witness, and that the 
two weomen that were in the pulpit with the Ladie were Janet Bailie 
and Kate M«Wat. 

Thomas Jerdane, swome, depons as the last witness. 

James Galloway, sworne, depons conforme except he hard not the 
ladie say these words, " I am heir, who darre putt me out." Depons the 
haill men conteaned in the lybel were in a tumultuous way gathered in 
the queir and were not in their awin seats. 

John Marshal, sworne, depons conforme to the other witnesses. 

Archibald Lindsay, sworne, depons [conforme] to James Galloway. 

Finds the lybell proven against the ladie and the two weomen that they 
went up to the pulpit and stopped Mr Andro M'Kie to preache conforme to 
order given him be the presbeterie, and that the ladie said when she 
wes in the pulpit, 'T am heere, I would sie who darre take me out," and 
she said to Mr Andro M'Gie, " Your brother called you a dog, bot you 
shall not barke heir this day," and would not suffer him to preache. 
And finds that the persons following convocate 

themselfes in a rude way in the kirk out of their own seats. For 
which ordains letters to be direct charging them to enter thair 
persons in ward and the husbands to exhibit their wyffs within 6 dayes. 

Modifies 3 pund to each witness, to be paid be the Laird of Lamyntoun. 

94. At the manerplace of Adame, the twentie nynt day of October, 29th October 

jm yjo and fourtie foure yearis. ^^^*- 

The quhilk day in presence of me, notar publict, and witnesses under- XotAriai 
writtin compeirit personallie Adame Hepburne, sone lawfull to umquhill a°teiJSng"' 
Sir John Hepburne of Beirfurde, as procuratour in name and behalfe of ij*\„^"5jg 
Dame Elizabeth Prestoun, Lady Quhittinghame, and past to the personall procurator for 
presence of the rycht honourabill Sir Johne Auchinmouttie of Gosfurde,tingLme! 
knycht, shiref principall of the constabularie of Hadingtoune, and presentit f ^.g^oflhe^® 
and delyverit to him the haill keyis, great and 8mall,being fyve in number, m«ior-piace 
of and belonging to the manerplace and hous of Quhittinghame, and of Whittingbame 
all the roumes, trunkes and kistes being thairin, and of the barnis, byres Auchmout^o 
and dowcattes about the said place, quhairof the same Dame Elizabeth «i»eriff-Drinci. 
Prestoun had possessioun, and thairby removet hirself thairfra; and consubuiary 
that for obedience of the ordinance of the Lordis of his Majesties Secreit^' mgton. 
Counsall, and of his Majesties letters of horneing and chaise direct and 
gevin for that effect at the instance of the said Sir John Auchinmouttie 
and to the effect thairin specifeit. Quhilkes fyve keyis respective above 
mentionat, the said Sir John Auchinmoutie acceptit and rcssavet fra the 
said Adame Hepburne as procuratour and in name and behalfe of the 
said Dame Elizabeth Prestoun, Lady Quhittinghame ; quhairupoun and the 
haill premissis the said Adame Hepburne, as procuratour and in name 
VOL. vui. I 



130 REGISTER OF THE COUNCIL 1644. 

and behalf foii-said, tuike and askit instrumenttis ane or mae in the Hinceiianeous 
handis of me, notar publict under subscryvand. This was done day,^*^*^ 
year and place respective foirsaides, about tuelf houres of the day , in 
presence of Robert Myllar and William Auchinleck, servitouris to the 
said Sir Johne Auchinmouttie, witnesses asket and requyret to the 
premissis. 

Ita est JoauTUS Marline, notarius pvblicus in premissis requisUua, 
testantibvs manu signogpie proprio. 

l«t November 95. Court of Justiciarie haldin at the place of Finlastoun within the 

1 644 

shireffdome of R[enfrew] be ane nobill Erill, William, Erill 
of Glencairne, his Hienes Justeice in that [pairt] . . . 
constitute be our soverane Lord his Hienes commissioun, 
gevin under his Majesties signet . . . dait at Edin- 
burgh, the 2nd of September last, and be AUexander 
Porterfield of that Ilk, his . . . justeice deput in that 
pairt, lawfuUie constitute upone the first day of November 
j"vj® fourtie four yeiris. Court affixit Suittis callit. 
Patreik Corruith, dampster ; Patreik Ramsay, oflBcer. 
Robert Turner The quhilk day, forsameikill as Robert Tumour in Blakholme being 
found guiit™^ taikin and apprehendit of befoir be the said nobill Erill . [torn] . • cryme 
justiJtary ^^ ^^^^^ allcdgit Committed be him quhairupone commissioun was gevin 
court h^id at be our sovcranc lord, makand and constituand the said . . . and 
within the his deputies quhom he sould mak conjunctlie and severallie justeices in 
R^^iSrewof^' that pairt, gevand and committand to them full power, auctoritie 
bdon"w»^ uT^ [and] commissioun, justeice courtes to set, hald and continew, etc., 
the Earl of and in the same courtes the said Robert Turnour, as alledget steiller [of] 
on rose. ^^^ ^^ ^^^ ^^ dittay to accuse and him to the knowledge of ane assyse 
to put and, as he sould be fund culpabill or inn[ocent] of the said thift, 
to caus justeice be ministrat upon him, as in the said commissioun of 
the dait foirsaid judiciallie red at lenthe is . . . and this day being 
appoyntit for putting the said Robert Turnour to the knowledge of ane 
assyse and he lawfuUie sum[mond and] warnet thairto and gettand ane 
coppie of the dittay, and compeirand in faice of court to undirlie the 
law and presented upone pennall, was indyttit and accusset for the 
thiftious steilling of sax kye furthe of the park of Mugdok in the 
moneth [of] September last, quhairof tua belongit to James Stirling, 
chambirland to the Erill of Monfcrois within the barronie of Mugdock ; 
and four belongit to M' Johne Stirling, minister at Badernok, brother 
to the said James ; quhilk kye thaireftir was 8au[ld be] the said 
Robert Turnour to Johne Barrie and Robert Broun, fleschoures in 
Hamiltoun, and in taikin thairof the samyn sax kye being challengit be 
the said James Stirling in the handis of the saidis fleschoures thay war 
restoiret bak to the said James Stirling for himselfT and in name of the 
said Master Johne, his brother, as the samyn dittay givin in againest him 
be Master Johne Connyinghame in Kilmacolme as procuratour fiscall or 



1644. CHARLES I. 131 

MtsceUaneow advocatt deput' lawf ullle constitute be the said nobill lord his Hienes 
Papere. justeice in t[hat] pairt for his Majesties entres beires. Lykas the said M' 

Johne Conynghame, procurator fiscall foirsaid, persewar, desyrit that the 
said dittay be put to the knowledge of ane assyse lawfuUie summoundit to 
that effect. The said Bobert Tumour pennallit heiring the s[aid] dittay 
red, and he accusset thairupone answerit and declairit that in all tyme 
bygaine it is weill knowin to the said justice and [his dejput and to the 
haill cuntrie quhair he dwalt that he leiffet honestlie without blaime or 
spot of thift in ony sort, bot . . . and knowing that the Erill of 
Montrois maist unnatourallie hes invaidit this kingdome of Scotland, 
his native cuntrie and [taken] up airmes againest the samyne, for the quhilk 
he is excommunicat and his gudis, geir and rentes ordainit to be escheit 
for the use of [the] publict, and he thinking it wauld be good 
service to the publict to tak up the said Erill of Montrois gudis quhair- 
ever the 8[amyn] could be fund and to be answerabill only to the 
Estaites of this kingdome thairfor, and not knowing bot all the gudis in 
the P[ark of] Mugdok pertenit to his lordship, it being his lordships 
propper park, he grantes and confesses he went to the said park in the 
eavining [efter] daylight was past and tuik with him sax kye furthe 
thairof, quhilk sax kye he drawe away a lyttill be eist Glasgow, and [in] 
the morning efter the ryssing of the sone, meitting be accident with the 
saidis fleschoures, he suuld the samyn sax kye to them for [the] sowme 
of ane hunderethe and thrie merkis money, and helped them to dryve in 
the said kye to Hammiltoun and gat payment of [the said] sowme fra 
them. And thaireftir he heiring that the said kye was challengit be the 
said James Stirling to belong to him a[nd to the] said M' Johne, his 
brother, and that they upon the said challenge gat redelyverie bak of 
the saidis gudis fra the saidis fleschoures, [he] furthewith and immediatlie 
thairefter delyverit the said hunderethe and thrie merkis money to the 
saidis fleschoures as being the pryce [he re]ceavet fra them for the said 
sax kye and swa alledgit the samyn cannot be imputted to him as thift, 
nather he put to the know[ledge of] ane assyse thairfor for the 
ressounes and causses above writtin, in respect he was ever heirtofoir 
knowin to be ane honest m[an not] reput nor suspect guiltie of thift, 
bot quhat he did thairin to the said M*" Johne and James Stirlingis was 
out of ignorance . . . bot the saidis guidis belongit to the Erill 
of Montrois quha had invaidit his native kingome and had committed 
and sched sameikill . . . reiff and oppressioun thairin. The said 
M' Johne Conyinghame, persewar, procuratour flscall foirsaid, answerit 
and replyet that the samyn [aught] to pass to the knowledge of ane 
assyse as thift, notwithstanding of the alledgance and defence propounet 
be the pennall [because] he had no eommissioun nor warrand fra the 
Estaittis to tak up the said Erill of Montrois gudis, nather tuik the guidis 
to the E8ta[itte8, bot] privilie stoU and tuik them away and sauld them for 
his awne gaine ; and thairfoir, notwithstanding it is notour that restitu- 
tioun [was maid to] all the parties interest, yit he aught to pass to the 



132 REGISTER OF THE COUNCIL. 1644. 

knowledge of ane assyse and thairupone desyret interlocutour. The MiaoeiUmoous 
[justeice] and his deput foirsaid, ef ter advysement, ordainit the said^*^"* 
dittay and thift thair contentit to be put to the knowledge of the assyse 
[forsaidj lawfuUie summoundit to that effect, thay ar to say, Robert 
Blair in Corruithe, Patrick Houstoun in Miltoun, Gabriell Lynd 
[say of] Syd, Johne Haltrig, elder in Paismure, Johne Morisoun in 
Knappes, Robert Holme in Rowntriehill, Johne Forrester in 
Ach . . . , Allixander Kellso in Wrayes, James Park in Auchindares, 
Mathow Toft in Haltrig, Johne Laird in Dennestoun, Patrick Layng 
[in] Achinbothie, Patrick Layng in Bulross, Johne Or in Syd and John 
Baxter in Craiglunschioche ; quhilk assyse being callit and . . . and 
being admitted be the pennall and judiciallie sworne in his presence past 
furthe of faice of court apairt be themselffiis . . . thair chooset 
and electit the said Gabriel Lindsay, ane of thair number, to be chancelar 
of the said assyse, and thaireftir the said [assyse] heiring the said 
dittay red and advysand thairwith and with the alledgances and 
defences propounet be the pennall, and with the answers [and] replyes 
maid be the said procuratour fiscall, persewar, they all in ane voyce 
fyllit the said Robert Turnour of the thiftious steilling and aw[ay] 
taking of the said sax kye furthe of the said park of Mugdok, for the 
quhilk he was indytted, as said is, in respect he had no commissioun 
[fra] the Estaittes ather to iutromet with the said Erill of Montrois 
guidis nor ony of his servandis or tennentis guidis, notwithstanding resti- 
tutioun [was] maid to the pairties and persounes damnifiet. And thairef ter 
the said assyse returneand in faice of court, the said Gabriel Lyndsay 
of [ ] for himselfiF and in name of the rest of the persounes of 

assyse above namet reported thair said dely verauce and declairit the s[aid 
assyse] all in ane voyce had fyllit the said Robert Tumour of the said 
cr)'me of thyft above writtin. Quhairupone the said procuratour fiscall 
askit act [and] . . . the said Robert Turnour, heiring the declara- 
tioun of the said assyse, maist humblie requeistit and supplicat the said 
justeice and his deput to contin[ow] pronunciatioun of sentence againest 
him till thay advysset with the Lordis of his Majesties Privie Counsall, 
and had thair resolutioun thairin. Quhairupone the said justeice and 
his deput, advyssing with the said process, continewes pronunciatioun of 
sentance againest the said Rob[ert] for the said cryme quhill the fyftein 
day of November instant, till they may have tyme till advyse the 
samyn ; and presentlie causset warne the said Robert apud acta to com- 
peir the said day in this pleace in the hour of cause to heir sentence 
pronunced, and in the mein[tyme] ordainit him to be keipit in sure 
ward till than. Extractit and drawin furthe of the actis of the said 
justeice court be me David Watsoun. [clerk] to the said court, wit- 
nessing my subscriptioun manuall. (Signed) D. Watsoun. 

[On the back.] 
1644. °^®™^®'^ The Counsell, haveing considered the processe of conviction within 



1644. CHARLES I. 133 

writtin, ordans the justices to pronunce doome and sentence of banish- Sentence of 
^*^ ment, and that he never returne into the kingdome under the paineproiTJm^on 
of death, and that he be tane acted for that eifect. And ordans the ^i^^^xiirner 
pryce of the ky to be restored to the awner if it be not alreddie 
restored. (Signed) Lauderdaill, I.P.D. 

96. Note of executions by John Hutsone, messenger, of a summons i«»t and 4th 
at the instance of the presbytery of Lanerk, (1) On 1st November, i644. 
1644, against John Forrest, David Carmychell, William Tennent, Note of 
Patrick Baillie, Bessie Carmichell, Katharine M^Wat, Janet Baillie and thelnstonce of 
Janet Forrest, all personally apprehended, and against Dame Grissell of iTuark *^'^ 
Hamiltoun, Lady Lamington, and Sir William Baillie of Lamingtoun,»?ft»n»t«^obn 
knight, her husband, and John Schankila, James Tennent and William others. 
M^lelland, at their respective dwelling places in Lamingtoun, to com- 
pear before the Councill on 7th November next; witnesses, John 

Frissell, servitor to Richard Baillie in Mains of Wistoun, James Hut- 
sone, son of the messenger, John Jardine in HoUhouse of Wandell, and 
Alexander Marchell, son to John Marchell in Hartsyd ; and (2) on 4th 
November, 1644, at the market cross of the burgh of Lanerk, against 
the above-named persons not personally apprehended ; witnesses, John 
Gunninghame, potter, burgess of Lanerk, James Stevinsone in Wistoun, 
and William Wilsone and Andrew Weir, town ofl&cers of Lanerk. 

97. Note of executions by James Edmistoun, messenger, of a sus- 3rd and 4th 
pension and letters of relaxation at the instance of Dame Elizabeth ^4^®™^^ 
Prestoun, (1) On 4th November, 1644, at the market cross of the Note of 
burgh of Hadingtoun, where he relaxed the said Dame Elizabeth JJ^'^^^J'^J^ 
Prestoun from the horn to which she had been put at the instance of JJ*® instance of 

* Dame Ehza- 

Sir John Auchmouttie, the wand of peace being delivered in her name beth Preston 
to Adam Hepburne in Bairf urd ; witnesses, Alexander Porteous, mes- '^bum in™ 
senger in Edinburgh, and Robert Smyth and Robert Dawsoun, merchants, g^^ j^hn ^^^^ 
burgesses of Hadingtoun ; and (2) on 3rd November 1644, against Sir Auchmuttie. 
John Auchmouttie, personally apprehended, to compear as in the sum- 
mons ; witnesses, Alexander Auchmouttie, his brother, Alexander Auch- 
mout^e, his son, and Patrick Sandilands, his servitor. 

98. "Charles, be the grace of Grod, King of Great Britane, France eth November 
and Ireland, defender of the faith, to all and sundrie our lieges and^^^ . 
subjects whom it effeirs, to whois knowledge thir our letters sail come, ap^toting^ 
greiting: Forsamekle as Marion Shenan, spous to Johne Jameson in B^«Dwinid of 
DrochdooU, Jonnet M<*Kennan, spous to Alexander Lourie in Bal-G&rthiand,and 

.-,-_, _7 **.-r - -wr iM •««■• others to try 

murne, Aftnck Elam, spous to Johne M^Lung m Knockibae, Marion Marian 
Russell in Glenluce and Isobell Bigham in the parish of Stranrawer, ^ John ^^^^ 
ar delate guiltie of the crime of witchecraft, as the depositiouns showin J^^®^JjJ|" 
to the Lords of our Privie Counsell beiris, therefore we have made and and others' 
constitut and be thir presents makes and constituts James M^Dowgall of of witehcml^ 
Garthland, Andro Agnew, younger of Lochnaw, M^Dowgall of Logan, 



134 REGISTER OF THE COUNCIL. 1644. 

James Rob of Barneill, M^CuUoch of Ardwell and Patrik Agnew MueoDaoeoas 

of Sewchan, or anie three of them, our justices in that part to *^"' 

the effect underwrittin, givand, grantand and committand to them our 
full power, auctoritie and commissioun, expresse bidding and charge, 
courts of justitiarie at quhataomever places lawful and convenient to 
sett, affixe, hold and continue, sutes to make be called, absents to 
amerchiat, unlawes, amerchiaments and escheits of the saids courts to 
aske, lift and raise, and for the same, if neid beis, to pojnd and distrenze, 
and in the same courts the saids persons to call, be dittay to accuse, and 
them to the knowledge of ane assise to putt, and, as they sail be found culp- 
able or innocent of the said crime of witchecraft, to cans justice be ministrat 
upon them conforme to the lawes of our realme, assysses neidfuU for this 
effect, ilk person under the pane of fourtie punds to sumraond, warne, choose 
and cans be sworne, clerkes, sergants, dempsters and others members of 
court neidfuU to make, creat, substitut and ordaine, for whom our saids 
justices sail be haldin to answer, and generallie all and sundrie others 
things to doe, exerce and use, quhilks for executioun of this our com- 
missioun ar requisit and necessar ; firme and stable holding and for to 
hold all and quhatsomever things sail be lawfuUie done heerin. Givin 
under our signet at Edinburgh, the sixt day of November, 1 644. (Signed) 
Argyll ; Crafurd and Lindesay; Cassillis; Lothian; Dalhoussie: Balmerino; 
Burghly ; M. Gibsone, Durie ; A. (?) Douglas." 

6th November 99. Summons at the instance of Agnes Fynnie, prisoner in the 

tolbooth of Edinbui^h, narrating that, on the malicious informations 

the instance of made by Harry Moriesoun at the Potterraw port she is guilty of witch- 

pnsone/in^the craft, the provost and bailies of Edinburgh have apprehended and 

Edi?bSrif on ^^^aincd her in ward for eighteen weeks in great misery, and they will 

a charge of neither try her nor liberate her, so that she is likely to die in prison 

against the " Under the blame of so detestable ane imputatione." Charge is there- 

Bdinbur^ °* f orc given to the provost and bailies of Edinburgh and the said Harry 

Moriesoun to compear on 12th instant before the Council; dated at 

Edinburgh, 6th November, 1644, and signed Arch. Primerose, Cler. S. 

Cons. 

On the back is a note of execution on 9th and 11th November, which 
is noted infra, and on the margin is a note of the hearing on 12 th 
November. " Persewer be ... , defenders be Mr John Sharp and 
a baillie who tooke this day fyf tene dayis to persew the complainer 
before the Justice." 

9th November 100. Supplication by A[lexander] Inglis of Craig M^^Eeran, dean of 
' guild of Perth, as follows : — He recently petitioned their Lordships for 

by Alexander a suspeusion of a decreet recovered by Patrick Martine in Campsie 
Craigm^kerran, aucnt the restitution of fifteen head of goods or payment of their value, 
ofpertii*^"*^^ and he craves that charge may be given to the said Patrick and Alex- 
unentthe andcr Miller, his advocate, to compear. [On the back] "At Edinburgh 



1644. CHARLES I. 135 

Mnooiiaiieoiu the 9 of November, 1644. Mat vi petitur, Elphingstoun." There is payment of a 
apen. ^j^^ ^ ^^^ ^.^j^ ^^^ ^j exccution of the summons by John Hart,du?toSm!*^ 

younger, messenger, against these two persons. 

101. Note of executions by James Grahame, messenger, of a summons 9th and nth 
at the instance of Agnes Fynnie, (1) on 9th November, 1644, against J^^®"^' 
Andrew Symesone, George Walker, Eobert Achiesone and John Note of 
Tnglis, bailies of Edinburgh, all personally apprehended, and against J^elMte^ce of 
Harry Moriesone, also personally apprehended, to compear before the -^K^^^^y**^*® 
Council ; witnesses, David Wright, messenger in Edinburgh, and John Andrew 
Peirsone, post there, Richard Guthrie and James Grahame, officers in othlTbaiHos 
Edinbui^h, Thomas Allane, messenger there, John Rowane, writer there, ^^ Edinburgh. 
John Hairt, younger, and George Neill, messenger in Edinburgh ; and 

(2) 'on 11th November, 1644, against Sir John Smyth, provost of 
Edinbui^h, personally apprehended ; witnesses, the said Robert Achie- 
sone and Andrew Symesone, bailies of Edinburgh, and James Cleghorne, 
town officer there. 

102. Draft of the finding of the Council in the process by the Pres-rc.i2thNoTem- 
bytery of Lanark against Dame Grisel Hamilton, Lady Lamington, *^D<ip!li ^^ 
others, as narrated ante, pp. 34-36. Lanark and 

Lady Laming- 
ton. 

103. Another paper of addition in the above finding narrating there.i2thNoTem- 
" Eik " to the reasons of suspension adduced by the defenders (some- ^ ^^^'^ 
what torn) narrated ante, p. 35. 

104. "Edinburgh 12 November, 1644. Lauderdail, /Treses ; Callender, 12th Novem- 
Crafurd, Cassills, Dumfermline, Lanerick, Angus, Balmerino, Tresaurer^^^^^^ 
Deput, Justice Clerk, Advocat, Wauchtoun, Dundas, P[rovost of] 
Edinburgh. 

"The Councel appoynts thair nixt melting to be on Thursday Next meeting 
come eight dayes and everie Thursday thairafter till the melting of° ^^' 
Parliament. "^ 

"The Council gives warrand for coyneing fyftene hundreth stane 1500 stone 
weight of copper conforme to last act of Counsell made in Februar, TOpper to be 
1642, and that the Master of Cunzie house find caution that no more *^°*°***- 
sail be cunzied than the quantitie abovewritten, and it is heirby declared 
that this act and finding of caution sail be without prejudice of 
anie right the General of the Cunziehous sail claime to the keeping of a 
key of the printing hous, as accords of the law, and that this warrand 
be extendit for six moneths after the date heirof. (Signed) Lauder- 
DAILL, I.P.D." 



105. " At Edinburgh, the 12 day of November, 1644. Forsameikle 12th Novem- 
as in the monetb of Februar, 1642, the Lords of his Majesteis Privie„/ ^^^' 

_ , . . , . ,. 1111. 11 Warrant for 

Counnsell, for preventmg the prejudice susteanned by the lieges by the the coining of 



136 REGISTER OF THE COUNCIL. 1644. 

1500 Btone huge quan title of base copper coyiie farre within the intrineick value of Miscellaneous 
TO^r.*^' the copper coynned and brought within the kingdom, and for releefif of ^^P*"' 
the poore and exchange of small commoditeis, did ordaine fjftene 
hundreth stone weight of copper to be coynned in maner following, 
which being now of a long time agoe all coynned and the said copper 
coyne become skarse, to the losse of the poore and prejudice of exchange 
in small commoditeis and pennyworths, therefore the Lords of the Privie 
Counsell, for remeid heirof, after mature advice and deliberatioun, hes 
found it necessar and expedient, concluded and ordained that with all 
convenient diligence other fyfteene hundreth stone weight of copper un- 
mixed with anie other mettall be wrought and prepared for the 
printing, and to be printed be swey and presse in twa penuie peeces of 
a drop weight and ane halfe, to prevent counterfooting quherof ten and 
a tua part of the saids tua pennie peeces to be in the unce weight and 
fourscore fyve and a thrid part thereof to be in the mark weight, with 
tua and a halfe of the saids peeces for remeid of weight als weill heavie 
als light on the mark weight thereof, the saids peeces having on the one 
side ane imperiall crowne and the letters C.R. at the sides therof , with 
this circumscriptioun CAR. D.G. SCOT. ANG. FRA. ET HIB. R., 
and on the other side the thrissell with tuo leaves and this circum- 
scriptioun NEMO ME IMPUNE LACESSET, and ordains the saids 
peeces to have course among his Majesteis subjects for tua pennies, with 
this provisioun and condititioun, that none of the subjects sail be 
astricted to receave of this copper coyne above the value of six penneis 
in ilk pund in payment of debts, blocks, wairs or merchandice : Command- 
ing heirby the generall, maister cunzear, wardane, counterwarden and 
sinker to prepare themselves and to proceid with all convenient 
diligence to the melting, forging, cutting and printing the saids twa 
pennie peeces to the effect the saids haill fyfteene hundrethe stone weight 
may be in readiness for the use of the lieges betuix and six months 
after the date heirof as they will answer to the Counsell upon the dutie 
of thair offices. And the saids Lords discharges the course of anie other 
copper coyne of quhatsumever stampe or weight heirtofore cuiTent, and 
ordains letters to be direct to make publicatioun heirof be opin proclama- 
tioun at the flTercat croce of Edinburgh and other places neidfull, and to 
command and charge all and sindrie his Majesteis lieges to receave the 
saidis tuo pennie peeces in payment of debts, blocks, wairs and 
merchandice in maner foirsaid and in no wayes to refuse the same under 
quhatsumever cullor or pretext under all highest pane, and that 
they give nor receave no other copper coynes quhatsomever under the 
same pane ; and ordains the maister of the coynehous to find cautioun that 
no more sail be coynned but the quantitie abonewrittin. And it is heirby 
declared that this act and finding of cautioun sail be without prejudice 
of anie right the generall of the coynehous sail clame to the keeping of 
a key of the printing hous as accords of the law. (Signed) Ajrch. 
Primrosb, Clr. S. Cons." 



1644. CHARLES I. 137 

Miaceiianeoiu [On the back] " 1 Marche, 1648. The Councell ordans this warrand 
^^^^ to be renewed for coyneing ane thousand stoneweight of copper. 

(Signed) Argyll, I.P.D. 

12th Novem. 

106. Another copy of the foregoing act for the copper coinage. bcri644. 

The same. 

107. Supplication by Archibald Walker, Alexander Gudale and i2th Novem- 
William Lawsoun, sailors in Leith, now prisoners with the merciless ' .*** 
Turks, as narrated ante, p. 36. [On the back] " Edinburgh, 12by^priMiien 
November, 1644. Fiat ut petitur. Latjderdaill I.P.D. Also a scroll '^***'*'^'*"'^*- 
of part of the finding and state of the vote, being 8 for and 2 against. 

108. Summons at the instance of Margaret Thomson,8pouse to Archibald i2th Novem. 
Gray in Calder, on complaint as narrated ante, p. 37 ; dated at Edinburgh, ^^^' 
12th November, 1644, and signed Arch. Primbrosb, Cler. S. Cons. On the instance of 
the margin is a note of the hearing on 21st November. Thomw©. 

12th Novem- 

109. Supplication by Archibald Douglas of Quhittinghame, as narrated ^'' ^^*^' . 
ante, p. 36. On the back there is a scroll of the finding. by^rcMi^m 

Doaglas of 
Whitting- 
hnme. 

110. "At Lanark, the 14 of November, 1 644. The quhilk day M' Johne 14th Novem- 
Weir reports that, haveingattended the Counsall according to the ordinance ^^ ^^^' 

^ of the presby terie for prosecuting the complaint of the presbyterie against jo^Wefr ^' 
the Ladie Lambingtoune, that the suspension was discussed in favours of ^ *^J^''"^°^'* 
the presbyterie, and that the most honorable Lords of Counsell, amongst minister of 
other articles of their decreit, hes ordained the Laird of Lambingtoune to hosrece^ed 
pay the sowme of ane thowsand merks Scotsmoney to the presbyterie to be b^J^^gJJ^ 
imployed by thame for sick pious uses as they shall think expedient ; and, decreed by tiie 
therefore, the presbyterie ordains M' John Hume, minister of Lesmahago, paid to the 
. to goe in to Edinburgh upon Fryday nixt and extract the foresaid decreit, as ES^n^lrk^b^ °' 
also to receive the sowme of money above written and deliver the presbyteries ^^y Liuning. 
discharge thereupon, giveing power also to him, if anie thing further shall 
be required for secureing and satisfying the partie, to doe whatsoever is 
incumbent to the presbyterie, being countable the nixt day for his 
diligence. Written and subscribed be me, M' Johne Patersone, clerk to 
the presbyterie. (Signed) M' J. Patersone, clerk. . 

" I, M' Johne Hume, be vertewe of the commissione abovewritten, 
grantis me to have receaved from Archibald Primrose, clerk to the most 
honorable Lords of Concill, the soume of a thowsand merkes consigned 
in his hands be Sir William Baillie of Lamintoune according to the decret 
of the most honourable Lords of Councill, and discharges him thereof be j 

their presents, writtin and subscryvitwith my hand at Edinburgh, | 

the echten of November, 1644 yeares. M' J. Hume, minister at ' 

Lesmahagoe." 



138 REGISTER OF THE COUNCIL. 1644. 

16th Norem. 111. Note of execution by William Cathrow,me88enger, on 16th Novem- MiaceiUnoous 

^r 1644. j^^j.^ 1644, against Patrick Mairtine in Camsie, at his dwelling place there, *^"' 

tion against to Compear before the Council at Edinburgh on 2 Ist inst. ; witnesses, John 

Martin in Duncanc, servitor to the said Patrick Mairtine, and James Dowie and 

Campsie. Andrew Mersoell, servitora to the said Alexander Inglis. 

18th Novem- 112. Note of execution by Patrick Dennystoun, messenger, on 1 8th Nov- 
Note of exocu- ®"^ber, 1 644, of a summons against Mr John Sandielands, Tutor of Cather, 
tion of a Mr Hcw Keunedic, minister there, and James Sandielands, bailie of Cather, 
against Mr. all personally apprehended, to compear before the Council on 2 Ist inst. ; 
fan*d^^ator of witn^^ Kcr in Ca[ther], John Calquhowne, servitor to the said 

^th*^**^* *"^ James Sandielands, and Alexander Calq[uhowne],servi tor to the said Tutor. 

19th Novem- 113. Summons at the instance of William Rig of Carbarrie, and others 
"^ ^ * as narrated ante, p. 38. Charge is given for the persons complained upon 
the instance of to be citcd to Compear before the Council on 5 th December; dated at 
SrtJJSe^ifnd' Edinburgh, 19th November, 1644, and signed Arch. Primkrose, Cler. S. 
others. Cous. On the back is a note of the execution of summons on 4th 

December following as noted in No. 118. 

20th Novem- 114. "At Linlithgow, the twentie day of November, 1 644. The quhilk 
sJ lioation ^^^ ^^® breithrciu of the presbyterie of Linlythqw being conveinit, 
to be made by report was maid to thame be M' Hew Kennedie, minister of Calder, and 
of LmHthgow^ the Tutor of Torphichen, ruling elder thair, that Margaret Thomsoun, 
wientMamwt ^^^% d^laitt for auc witch be thrie or four confessing witches and tua 
Thomson, sevcrall chairmeing provine agains hir, was incarcerat and is deteined in ^ 
prison on a prisoun, and that the Lordis of the Secreit Counsall hes causit chairge thame 
witchcraft, ^^ ^^^ ^^^ ^^^^ ^^ libcrtie, and thairfoir humblie cravit the breithreins 
whom the advyis quhat to doe thairintill. The breithrein thinks it most expedient 

Council has »,,,.. . .,, . . <i « i . <• 

ordered to be that scho be kcipit yit Still m pnsoun and that the said maters 
set at liberty. ^ rcprcsentit to the comissionars of the Generall Assemblie and thair 
advyis to be desyired quhat to doe thairintill ; and in the meanetyme does 
earnestlie supplicat the Lords of his Majesties Privie Counsall to grant 
permissioun for detensioun of the said Margaret in prisoun untill the 
comissionars advyis be obtenit thairintill. Extractit furth of the buikis 
of the said presbyterie be me. (Signed). A. Kkr, els." 

2istNoTem. 115. Extract of the Decreet by the Lords of Privy Council anent the 
TheBrid o ^'^^g® ^^ ^^\ dated 21st November, 1644, and narrated ante, p. 37. 
of Ayr. Signed by Arch. Primerosb, Cler. S. Cons. 

1644. ^^*™ 118- Summons directed to John Cochrane, messenger, at the instance 
Summons at of Sir Thomas Hope, his Majesty's Advocate, and John Boy 11 of Dalduff, 
JohnB^yi^o^ ^^^ Margaret Crawf urd, his spouse, against John M^^Clymont, and others 
J^^hJrtJohn ^ narrated an^e, p. 40; dated at Edinburgh, 28th November, 1644, 
M'ciymont and signed Arch. Primkrose, Cler. S. Cons. 

and others. 



1644. CHARLES L 139 

Misoeikneous 117. Note of execution on 3rd December, 1644, by Eobert Pentland, 3rd December 
^*^ messenger, of a summons at the instance of William Eig of Carbarrie and J^^' 

others, as noted ante, p. 38, against Michael TurnbuU in Carbarrie, execution of 
James Eeid there, John and William Knox, George Clunie there, Andrew S^JSaSinct of 
Ramage there, William Jonstoun there, John Diksone and John Clerk, all ^ci!rb«™ 
personally apprehended, to compear before the Council ; witnesses, Johne against 
Hog, indweller at the back of Carbarrie hill, James Knox in Carbarrie, TilrabuU in 
and Thomas Wrycht in Inneresk. oth^^"^*""^ 

4th Decem- 

118. Note of execution by James Graham, messenger, on 4th ^^^' 
December, 1644, of a summons at the instance of William Rig of execution of 
Carbarrie and others, against Sir John Wauchope of Nidrie . . . thrSstance of 
and William Wauchope, his brother, both personally apprehended, to^'^^^*™^| 
compear before the Council on 5th December instant; witnesses, Johna^inst 
Dikesoun in the Potterrow, Gilbert Monttago, merchant in Edinburgh, wauchope of 
and John Hartt, younger, messenger there. Wa^brother^ 

119. Supplication by Sir Robert Colvill of Cleish, Mr Alexander 6th Decern- / 
Colvill, Justice Depute, Murray, commissary of Stirling, and^*^ ,. ' 

-,„_-__ , .,' * -n, , . . . , , 1 Snpphcation 

Archibald Mercer, bailie of Culross, commissioners appomted by the by the 
Lords of Council for the trial of Marie Cunninghame, prisoner in theP^^^^^by" 
tolbooth of Culross, for witchcraft^ adultery and incest, narrating tJ^atJ^®^^°"^'j;°['^^j 
they held a court for her trial on 28 th August last, but because that Mary Cunniug- 



the prisoner's advocate, Mr David Williamsoun, gave in such defences as witchcraft 
could not be answered by the procurator fiscal, who had no skill of law, ^^JSite^'^^ 
and also because '^of the contingence of manie of the judges to the said be charged to 
Marie," they could not "warrantably sitt upon her tryell," they thought Seawe. 
fit to forbear and judge it more safe that her trial be before the Justice 
in the tolbooth of Edinburgh, at the instance of his Majesty's Advocate. 
They therefore crave their Lordships to ordain the Advocate to prosecute 
in the case ; the bailies of Culross to transport the prisoner and enter 
her in the tolbooth of Edinburgh, and the Clerk of Culross to deliver 
the whole process to the Advocate. [On the back] " 6 December, 1644. 
The Counsell ordains the baillies of Culross to bring over Marie 
Cunynghame and enter her in the tolbuith of the Cannogait. Lauder* 
DAILL, LP.D. Com. Edinburgh, 12 December, 1644. The Councell 
ordains Marie Cunyngham to pay the expenses the toun of Culros hes 
beene putt to be keeping of her in piison or in bringing her to Edin- 
burgh. Laudkrdaill, LP.D. Com." There is also a scroll of the 
finding. 

120. Copy of Decreet of the Lords of Council for the payment by I2th Decern 



Mary Cuninghame of her prison expenses, narrated ante, p. 39. In 

the copy "the bailleisof Culros" is inserted where "Marie Cuninghame" expenses of 

. . .f J Mary Cunning' 

IS in the record. ham. 



I 
I 

berl644. I 



140 REGISTER OF THE COUNCIL. 1644. 

i2thDecein. 121. Copy of protestation by James Peitt in Ballachie, as narrated, MisceUAneous 

p^'^te^taia ^^^' ^' ^^' ^^ ^^® ^^^ ^ ^^^ ^^ cxecution of summons by John^"^"* 
by James Willlamsone, messenger, against James Peit in Balaquhie, to compeir 
BaUachie. before the Council on 12th December instant, at the instance of 

William Williamsone, burgess of Abemethie, in terms of summons dated 

penult October, 1644. 

12th Decern. 122. Summous at the instance of John Lord Barganie and Adam 

Quhytfurd, his servant, against Thomas Kennedie, sometime of Barganie, 

the instance of and Others, as narrated, ante, p. 39; dated at Edinburgh, 12th 

^^^'**'"® December, 1644, and signed Arch. Primkrose, Cler. S. Cons. On the 

SnnS ^^^ ^® engrossed a note of the hearing and decree against Thomas 

aometiine of Keunedic, elder ; and also as follows : — " Thomas Kennedie, younger, 

oth'ew?*** ^^ sworne anent that part of the lybel concerning the poulder and lead, 

depons he sought a gun from John Clerie and told him, albeit my 

lord should give him no money, he had a merk he would wair upon 

poulder and leade and would goe to the shooting thairwith. Thomas 

Kennedie, elder, and Thomas and William Kennedies actit thameselfes 

not to trouble, invade or molest the Lord Barganie nor nane that 

belongs to him in thair persons and goods under the paine of infamie 

and j" pund Scots each of thame ; and if they failyie to be declared 

infamous and ly in prison till they pay the failyies.'* 

c. 12th Decern. 123. " The names of the compleanners of the ryotts, committit 
' ' be the Mackclymonts againes Johne Boill, Sir Thomas 

Hope of Craighall. 
Names of the « Johne Boill of DalduflF and Margaret Crawfuird, his spous. 

compiamers in ^ * 

the case of the " The dcfeuderis complaint upoun John M^Clymont in Cahoustoun 
tedbyX*^" (P)^ Wiliame M^Clymont, his brother (p.), WiUiame M^Clymont, thair 
^'^MuShl i^^^^^' (^'X Williame Or in MayboU (p.), Williame Or in Machrimoir 
Boyii. (p,)^ Thomas M^Kerrell at Bairdismylne (p,), 

" The witnesses names, Hew Foultoun in Garpeyne (ad.), Thomas 
M^Clymont in Clonclache (p. ), Williame M^Clymont in Garpeine (p.), 
Andrew M^Mirtrie in Bogtoun, Johne M^^Clymont in Croyshill, Gilbert 
M®Ure in Eallquhinzie, Johne Speire at Bairdismylne, Johne Mortoune 
in Chappelltoun, James Mure, tailzeour in Mayboll, James M^Rankene 
writter in Edinburgh." 

^J2th^pecem. 124." . . . Boyll contra M^Clcymonths, 
Depositions "... [per]sewer [dec]laires that they offer to preive . . . 
John Bo^ \i ' * • ^®w*^ ^ Johne and Williame M^'Cleymonthes under [silence ?] 
kiust^the of nicht be witnesses quho saw theme lying in wait betwixt the towne 
of Meyboill and the persewars [house ?] or to quhome they have con- 
fessit the samyn. 

" Item, that they strake him with battouns, quhair no person wes bott 
themselffes, referrs that to the aithes of the said Johne and Williame 
M^Cleymonthes. 



P»per 



1644. GHABLES I. 141 

** Item, as to the persuitt of the pei-sewer made at his hous with hag- 
butts and pistoUs being under night, offers to preive be witnesses that 
they came to ane hoisler hous in Garpine with hi^butts and pistoUs 
from Mayboill quhilk is within in a bouschoitt to the persewars hous of 
Dalduffe and drank aill thair till it wes gloumed, haveing thair hagbutts 
and pistolls thair. 

Item, offei-s to preive be witnesses quho hard the schots schott in at 
the hous window to the number of four or fyve schotts. 

** And beoause quhen the schotts wer schott they could nott be sein 
or knawin, referrs to all thair aithes that they schott the saidis schotts 
or wes presentt with them quho schott the saids schotts. 

" Item, referrs to the aith of William M^'Cleymonthe, the father, that 
this wes done of his knawledge, befoir the doeing therof, and that he 
resett them efter the doeing therof." There is a scroll of the finding 
on the back. 

125. " Interrogatouris for the pairt of Johne Boll anent the e. I2th ])ecem- 
ryott committit i^aines him be Johne and Williame, '' 
Clymontis and certane uthens to be mquyrit at Gilbert tones for the 
Mure in Kilquhinzie, ane of the witnesses ressaveit for^^ni^i^Qnt^ 
proveing the first ryott continet in the complaint. TOmmUted 

" First, quhither or not the said Johne Boll, coming f ra May boll to against him by 
his awine dwelling hous of Dalduff, being tua myles distant, came to the monts. ^ 
said Gilbert Mure his hous, being in the way, and creavit his company 
to convoy him, quha vent with him till the said Johne come to ane 
peinystane cast neir to ane of his awin coitthouses, and thairefter he 
left him ; and the saidis Johne and Williame Clymonts haveing of sett 
purpose a waytiug to tak advantage of the said Johne Boll, finding him 
alone, being unawares of thame, ane of thame struk him with ane rung and 
being undir night culd not persawe for ane guid space quha haid done 
the samen. Thairefter makeiug releifi to eschew thair furie crying and 
defending himselff againes thame both, the said Gilbert Mure, heareing 
the din and strackis. came back and spak to thame, saying it wes evill 
favored to sett upoun ane mane him alone undir nicht, quherto ane of 
thame ansuerit he avowit the doeing of it. 

" And to inquyre at Johne Speire at Bairdismylne, eftir this thair 
conflict, he also hearing the strakis and din, came and spack and 
conferred with the saidis Johne and Williame Clymonts and came back 
to the first pairt quher they meitt and liftit the rung, quherwith they 
haid struckin the said Johne Boll and declairit thane that they expectit 
to. have forgathered with him farder frome his awine hous but being 
than so neir at this tyme they wald leave him, and avowit to be about 
with him at ane uther tyme. 

'' As also till inquyre at the saidis witnesses whither or not they hard 
the pairties confes the schouting of with the gunes in at the windows 
and efter the comeing out of ane womane out of dories they schot at hir." 



142 REGISTER OF THE COUNCIL 1644. 

Further inter- " Interrogatouris for Johne Boll anent the ryott comittit againest Hieoeiianeoas 

JS^tSw him be Johne and WiUiame Clymonts, Williame Or in Mayboll, ^^"' 



same. 



Williame Or in Machremoir, being the second ryott contenit in 
the complaint referrit to thair aithes be the persewar be ressoun 
the samen wes done undir silence and clud of nicht and being 
verie mirk and onlie thamselves thar. 
" First, quhither or not the said Johne M^Clymont, upoun the tuentie 
aucht day of October, being the day eftir the solemne fast throw the 
quhole kingdom, he haveing his creuell and malitious desing to have 
wrangit the said Johne Bell, [sic] came to Mayboll and convenit the 
foirsaids persones, impairting to thame that he and his brother and 
father haid ressavit sum wrang and injurie of the said Johne Boll, as 
they alleadgit, and quheroflf he wes frie, avowit that nicht to be revengit 
of him, and they all came fra Mayboll by the Bogtoun, quhilk is be the 
way as thai wer comeing to the said Johne Boll his duelling hous of 
Dalduff and than seperat thamselves be devyding thair companyies and 
thairefter all mett at the Garpene neir hand to the compleaneris hous in 
ane hosier hous thair, haveing thair gunes, musketts and pistollettis 
with thame, and thair chairgit thame, and came undir silence and clud 
of nicht to the compleanneris duelling hous of Dalduff, and finding light 
in the laiche hous thairoff, the said Johne Boll his vyiff sitting at the 
fyresyd, thay schot in at the window ; quhilk of thame it wes they 
knaw best. . Thairefter schoe feireing thai haid forgathered with hir 
husband came out of the doores, being mirk, they sieing hir quhit kurche 
schott thrie schottis at hir with muskettis and with ane pistole but be 
the providence of God schoe was saif. And thaireftir she closit hirselffe 
in a stable for saiftie of hir lyiff, and the perseuer that nicht wes forcit 
to stay in Mayboll for saiftie of his lyiif. 

" Item, to inquyre the samen interrogatouris at Thomas M^Clymond 
in Crolclache, ane of the witness, for proving of the second ryot." 

c. 12th Decern- 126. "Gilbert Mure, sworne, denyes he knowes anie thing anent the 

^^ ^^f^/ . lying in wait nor anent the defenders being at the oastler hous with 

the^wme "<»ie. gunes. Grants he heard onelie one shott, and, as he beleeves, it wes 

doun about the water and knew not in what airt the shott wes or 

whether it wes toward the persewers hous, becaus he wes a myle and a 

halfe from the hous. 

" Johne Speir, sworne, depons quod nihil scit in causa, 
" William M^^Lymont, sworne, depons he saw William Ore in October 
in his mothers hous at Garphin with a gwune about the gloming, and 
that Johne M^'Lymont and William Or, elder and younger, wes there 
and knowes not quhilk of the tuo had the gwune, and that they stayed 
onelie till they drank tuo pynts of aill and departed. Depons he saw no 
pistoUs and knowes not quher they went frome the hous, and denyes 
he heard anie shotts. 

" Hew Fultoun, sworne, depons he wes in Johne Boylls hous the 



1644. OHABLES I. 143 

MuoeiUuMooiP time libelled and heard a sbott in at the window, but knowes not 
^^ who shott it, and thairafter he come out of the hous to a neighbours 

hous neere by and heard 3 or 4 shotts but knowes not frome 
whome. 

" Andro M^Murthie, sworne, nihil sdt, 
" Johne M**Leymont, sworne, nihU sdt 
'* Thomas M^^Leymont, sworne, nihil scit. 
" James Mure, nihil scit, 
" James M^Rankene, sworne, nihil scit" 

127. " Mayboill, the 14 of December, 1644, William M**Lymont in i4th Decern- 
Cohounstoun, in the paroche of Mayboill, being by his awin relatioun ^^ ^^^' 

J •• e ^^^ . ' t £ ' e -ii- J. Certificate by 

and opmion of the countrey neir fourscore of yeires of a seikhe and m j. Bonar, 
a part decripted bodie, is not able to travell to Edinburgh this tyme of MaybSe,*tiiat 
theyeir without hazard of his lyflf and health. Testified unto the richtWifiiam' 
honorablill the Lords of his Majesties Secret Counsaill, upon the con- unable to' 
science and by the hand of me, J. Bonar, minister." EdSbil^b on 

account of 
old age. 

128. Note of three executions by Gilbert M^Connelly, messenger, ofnthDecem- 
a summons at the instance of John, Lord Bargany, and Adam Quhytfurd,j^J^jjj^,^j^ 
his servant, on 17th December, 1644, (1) against Thomas Kennedy, executions of 
sometime of Bargany, and Thomas and William Kennedie, his [sons], the instance of 
" they being within ther awne duelling house within the Icflfyn and the 3°^^"* 
dore barr . . . them not giving no entrie, I having knokit therat, ^*"^* 

but speirit all thrie what I would . . . Thomas Kennedy, elder, Kennedy, 
came and opened ane window in quher at I dely verit him ane just b*^m™! and 
. . . of the saids letters persounallie in his hand, and the said°'^®"- 
Thomas and Williame Kennedyes . . . speiking to me in audiens 
of the witnesses efter specifeit, would not open the dore but . . . 
ther coppies at the windowe," to compear before the Council on 26 th 
December; and immediately thereafter he intimated the same to the 
said William Kennedy, personally apprehended in Ballantray ; witnesses, 
John Slowane in Foirland of Ballantray, John M^Teir there, and James 
M^Kimay, sometime in Ballebege; (2) against John M^Crerie in Cra 
. . . William M^Maister in Downance, Adam M^'CuUie of Auch- 
aime, John M^AUexander at the . . . of Aird, Patrick Murdoch 
in Ballhomie and Gilbert Baird in Corrarie, all personally apprehended, 
to compear as above ; witnesses, Alexander Erie in Ballhomie, Alexander 
Bamsay in Ballantray, Gilbert Ramsay, his son there, and John 
M^Cawell there ; and (3) against Mr Bobert Hamiltoun, minister at 
Ballantray, Andrew Adame in Ballnowtart, and John M^Kissoke in 
Kirkhome of Kirkcudbright, all at their dwelling places, to compear as 
above; witnesses, Alexander Bamsay in Ballantray, Gilbert Bamsay 
there, John Brackanridge in Polcairdoche, John M^Clorkane, servitor to 
the said Andrew Adame, and John M^Cawell in Ballantrey. 



144 



REGISTER OF THE COUNCIL 



1644. 



19th Decem- 
ber 1644. 

Note of ezecn- 
tion of a 
summons 
apfainst John 
Boyle, 
younger of 
DaldufF. 



129. Note of execution on 19th December, 1644, by Johne Hart MiMseiUneous 
younger, messenger, of a summons against John [Boyle] younger of ^"* 
Dalduff, personally apprehended in Edinburgh, to compear before the 
Council on 19th December and answer at the instance of William 
M^Clymont, elder and younger, and Thomas M^Kernech; witnesses, 
James Gledstaines, servitor to Gilbert Neilsone of Kirkaffie, and Francis 
Cathcart, merchant in Edinburgh. 



130. Summons at the instance of William M^Clymont, elder and 
younger, and others, against John Boyle, younger of Dalduff, as narrated 



19th Decem- 
ber 1644. 
Summons 

gainst John ante, p, 40; dated at Edinburgh 19th December, 1644, and signed, 
^ *' Arch. Primerosb, Cler. S. Cons. 



19th-26th 
December 
[16441. 

Notes of 
executions at 
the instance of 
John Boyle, 
sou of William 
Boylo of 
Dalduff, 
against John 
Al'Clymont in 
CoUiounstoun, 
and others. 



3 31. Notes of executions by George Gordon, messenger, of a 
summons at the instance of Sir Thomas Hope, his Majesty's Advocate, 
and John Boyll, son of William Boyll of Dalduflf: (1) On 19th 
December, [1644], against [John M^Cleymont in Colhounstoun], William 
M*^Cleymont, his brother, William Or in Machirmoir and ... to 
compear before the Council on the 26th instant; witnesses, Walter 
Mure in Glenkaird, William Lindsay, common post, and others ; (2) on 
19th and 20th December, against Gilbert Mure in Kilquhenzie, John 
Speir in . . . Garpane, John M*^Cleymont in Croyshill, Andrew 
Makmutrie in Boigtoun and ... as witnesses, all personally 
apprehended, before the witnesses abovenamed and . . . Jamesone, 
John Peirsone, Thomas Glaidstone and Thomas Fatersone, mason, 
burgess of Edinburgh; (3) on 21st December against William Ore in 
personally apprehended at the Castlegate of Edinburgh; 
witnesses, William G . . , keeper of the outer gate, Walter Mure in 
Glenkaird. and Andrew M^Mutrie in Boigtoun ; (4) on 21st December 
against . , . M^Cleymont in Garpeine as another witness, person- 
ally apprehended in Edinburgh before the foresaid Walter Mure and 
Thomas Fatersone ; and (5) on 25th December against Thomas 
M*^Cleymont in Clonclache and James M^Kanekine, writer in Edinburgh, 
both personally apprehended in Edinburgh, as witnesses, before the 
said Walter Mure, Thomas Glaidstane, writer in Edinburgh, and John 
Hairt, elder and younger, messengers in Edinburgh. 



23rd Decem- 
ber 1644. 
Supplication 
by George 
Aitken of 
Underodgo 
that he may 
be freed from 
ward in the 
tolbooth of 
Edinburgh, 
where he is 
unjustly 
detained by 
Sir William 
Dick of Braid. 



132. Supplication by George Aitkin of Underage as follows: — He 
has been detained in the tolbooth of Edinburgh for a long time in great 
misery at the instance of Sir William Dicke of Braide, knight, who 
promised with Andrew Dicke, his son, not to arrest the supplicant 
during his being in Edinburgh for the purpose of settling with him; 
yet, before the promised limit of time expired, he caused the supplicant 
to be apprehended for the sum of forty thousand pounds, " albeit it be 
ane debt made up and contracted of unhappie bargaines for herring, 
quhilk, when they swame and I might have rendered them, hee deferred 



1644. CHARLES I. 145 

MisoeiiAneoiu and postponit to accept them, and when they could not be gotten hee 
^*^ craved them extremely so that, having penalties set doun in our 

indentour . . . y'eere, I wes forced to acknowledge the samyne 
as ane principall sowme, quhilk being added to the principall and 
annuelrent payed furth thereof yeerely, it hath accresced to such a 
quantity without any reall payment or delyverance made be him to me 
of saxe thousand pounds money in doune told silver of all the foresaid 
principall sowme and that he hath infeftment and present posssession of 
all my estate for the samyne and he intends never to let me to liberty 
but to keept my whole estate and starve me in the said prison unlesse 
I would grant him an renunciation of the heretable right of my said 
estate in his hands to the ruine of myselfe and prejudice of my haill 
creditours, and for the not subscribing thereof I wes incarcerat, although 
the samyn be meekle more worth nor hee can crave, swa that he give 
to me f aire compt and reckoning according to his intromission and the band 
granted to me be M' Andrew Dick, his sone, thereanent, with his voluntare 
deduction and discharge of swa meekle of the said debt, whilk hee hath 
often promised ; and this unjust dealing and detention of me in the said 
prison, having no meanes to sustaine mysellTe therein, may be the cause 
and occasioun of my utter ruin and misery unlesse your Lordships 
provide remeede be deliberation of me and making him to compt where- 
by hee may have seven or eight thousand merks of yeerely rent in 
heretage to him for payment of such a debt whilk is onely made up of 
penalty [and] failyees." The supplicant therefore craves to be liberated 
and his creditors to be warned to appear for seeing this done ; " the 
rather because the said Sir William Dick hes present infeftment of all 
my estate, quhilk I am content remaine with him whill faire compt 
[and] reckoning be made betwixt us, and that the samyn be presently 
done, whereby he will suffer no prejudice but satisfie his just debt. I 
am content yet for my liberation to give new disposition to him and also 
disposition and assignation to all my creditours who have arrested me 
in the said prison whose names are given up in the roUe and insert 
particularly [the] sowmes of money in the said assignation and disposi- 
tion of all my lands and geir whill they be satisfied of the said debts 
obliged be me to them." [On the back] '' Apud Edinburgh, 23 Decem- 
ber, 1644. Fiat summonitio ut petitur, (Signed) J. Carmichaell." 
[In a paper attached is a list of the creditors, viz.] " Sir Williame Dick, 
Williame Dick, his son, Williame Bryssoune in Dunbar, George Purves 
thair, Jonett Broune thair, James Kirkwood in Skowgall, Violet Corsbie 
thair." [There is noted on the mai^n as follows]: — "26 December 
1644. Persewer personallie. Sir William Dick and his sone William 
be M'' Alexander Dick, who declared in name of his father that they 
would rather condiscend to the supplicants maintenance then that he 
sould goe free, in respect quhairof the Lords modifies ten shillings Scots 
to be payed daylie to the supplicant be the defenders so long as he is 
arrested at thair instances." [This finding is also noted on the back, 
VOL. vin. K 



\ 



146 REGISTER OF THE COUNCIL. 1644. 

and there is a note of execution of the summons on 26 December Miscellaneous 
1644, by John Hart, younger, messenger, against Sir William Dick of *^"* 
Braid, knight, personally apprehended at his own dwelling house, and 
William Dick, merchant, his son, at his dwelling house in Edinburgh 
to compear before the Lords at two o'clock in the afternoon of the 
same day ; witnesses, George Donald and James Grahme, messengers 
(Signed) Jo: Hart, younger, messenger." 

8i8t Decern. 133. Curia justiciaria supremi domini nostri regis, tenta in 

pretorio burgi de Lanark ultimo die mensis Decembris anno 
Domini millesimo sexcentisimo quadragesimo quarto per 
honorabiles viros, Dominum Jacobum Lockhairt de Ley, 
militem, Dominum Joannem Dalzell de Newtoun, militem, 
Jacobum Lockhairt de Cleghorne, Magistrum Joannem 
Lockhairt de Heides, Jacobum Cunninghame de Bonietoun 
and the baillies of Lanark, commissioneris and justices 
dicti supremi domini nostri regis, per commissionem suam 
legittime constitutos de data septimo die mensis Novembris 
ultimo elapso ; curia legittima affirmata. 

Tiini of The quhilk day anent the commissioune gran tit be our said soverane 

Margaret ,i.ii...i. .. <. .-.. i 

Watson and lord to the foirsaidis persownes, commissiouners efterspecifeit, to the 
fn the^arish^' cflfect foUowcing, makcaud mentioune that Margaret Watsoun and Jeane 
for^witchw^t ^^^^^^^t within the parochin of Carnewathe, ar dilait guyltie of the 
by a justiciary crymc of wichccraf t, as the depositiounes schawin to the Lordes of his 
ilnark! *" Majesteis Privie Counsell beires, Thairfoir our said sowerane Lord maid 
and constitute the saides Sir James Lockhairt of Ley, knycht. Sir Johne 
Daliell, James Lockhairt of Cleghorne, M' Johne Lockhairt of Heides, 
James Cunninghame of Bonietoun, or anie thrie of thame, our said soverane 
lordis justicares in that pairt to the effect underwrittin, giveand, 
grantand and commitand to them our said sowerane lordes full power, 
authoritie and commissiowne, express biding and chairge justice courtes 
at quhatsumever places and dayes lawfuU and convenient to set, affix, 
hold and continew, suittes to mak be called, absentes to amerchiat, 
unlawes, amerchiamentes and escheites of the saides courtes to ask, lift and 
raise and for the samin, if neid beis, to poind and distreinzie, and in the 
samin courtes the saides tua wiches to call, be dittay to accuse and 
them to the knoweledge of ane assyse be put, and, as schoe salbe found 
culpable or innocent of the said cryme of witchcraft, to cans justice 
be ministrat upon thame conforme to the lawes of this realme ; assyse 
neidfull for that effect, ilk persone under the paine of fourtie pundes to 
summond, wairne, choose and caus be sworne, clerkis, serjandis, dampsteris 
and utheris memberis of court neidfull to mak, creat, substitute and 
ordaine, for quhome the saides justices salbe holdin to answer, and 
generallie all and sundrie uther thingis to doe, excerce and use for execu- 
tioun of the said commissioun [quhilk] are requisite and necessar : Firme 
and stable haldand and quhat [sic] to hold all and quhatsumevir thingis 



1644. CHAELES I. 147 

MisceUaneous salbe lawfullie done heirin, as the said commissioun of the dait the said 
^P®"* sevint day of November anno 1644 at mair lenthe proportes. 

Compeirit personallie James Forrest, wryttar in Lanark, procurator 
fiscall to the saids commissioneris, laufully authorized and electit be 
thame for persewing of the saidis twa witcheis upone the Beverall pointis 
of dittay underwrittin, commissioun foirsaid being red in audience of the 
saides judgeis and of the pennell, persones of inqueist and utheres present, 
the saides judgeis ordaines the pointis of dittay underwrittin to pas to 
the knowledge of ane inqueist :^-James Hunter in Grematowne, Wilb'am 
Glaidstanes in Arthourscheill, Eobert Somervell in Eardhouses, James 
Somervell in Greinfeild, Eobert Craig in Lempittes, William Schawe in 
Haywood, William Tennent in Crofthill, Walter Somervell in Cauldlaw, 
James Walker in Clewche, John Somervell in Ampherlaw, James 
Somervell in Throwburne, David Lockie there, James Somervell in 
Ampherlaw, John Ormeston in Greinscheill, Thomas Watsone in Grema- 
town. Eobert Somervell in Eardhouses is electit chancellar to the said 
inquest. 

Followes the pointes of dittay gevin in and persweit be James Forrest, 
procuratour fiscall chosin and electit be the sadis justices, commissiouneres 
abovewrittin, against Margaret Watsoun and Jeane Lachland within 
the parochin of Carnewathe for witchecraft, consulteing with the 
devill, renunceing of ther baptisme and geving themselflfes ower to Sathane 
and of thair soule and bodie totallie to his service, chairmeing be the 
devill his meanes, and quha themselffes ar possest be the devill and 
haveing of familiar spiriteis, and for practeising, useing and frequenting 
with the devill and of his chairmes, airtes and pairtes of wichecraft 
respective and particularlie underwritten ilk ane of you for your awin 
pairtes as is heireefter dewydit, divers and severall tymes confest be 
yourselffes in presence of , 

be vertew of our soverane lordis commissioun gevin under his 
Hienes signet and subscriptiounes of ane number of his Majesteis Privie 
Counselloures, at Edinburgh, the sevint day of November, 1644. 

Forsameikle as the word of God expreslie commandes by Exodus the 
22 chapter at the 18 verse that ane wiche sould not be suffered to 
leive, lykeas the said word of God by Dewtrimonie. the auchtcin chaipter 
[sic] at the 10, 11 and 12 verses of the samin chapter, sayes Thair 
sail not be found amang you any ane that usethe divynatioune or ane 
observour of tymes or ane inchaunter or wiche or ane chairmer or 
consulter withe familiar spirrites or a wizard or a necromancer, for 
all that does those thinges ar ane abominatioun unto the Lord, etc. ; 
and in lykemaner be the lawes, edictes and actes of Parliament and 
commowne pretticque of this realme, namelie be the 9 Parliament, haldin 
be Quein Marie of happie memorie and thrie Estaites of this kingdome 
of Scotland at Edinburgh, the fourt day of Junij, 1563 yeires, and in 
the thrie scoir threttein chapter thairof, quhairby it is ordanet by the 
Queines Majestee and thrie Estaites that na maner of persone nor 



148 EEGISTEE OF THE COUNCIL. 1644. 

persones of qubatsumever estaite, d^rie or conditioun they be of, tak Miaodianeoaa 
upone hand in ony tyme thairef ter to use any maner of wichecraftes, *^"* 
socereis, necromaucie nor give themselfies foorthe to have any suche 
craft or knawledge thairof, thairthrow abuiseand the people, under the 
pane of deathe, as the foirsaides trewthe and verritie of the writtin 
word of God and actes of Parliament set downe thairanent at lenthe 
beres, under the quhilk writtin word of God and actes of Parliament 
respective foirsaides grounded thairupone ar comprehendit all necro- 
mancers, magitianes, socerreres, divyneres, charmeres and utheres 
particularlie abonewrittin under the generall word of wichecraft; 
notwithstanding quhairof thow, Margaret Watsone and Jeane Lache- 
land, wiches now personallie present, ar indytit and accused for 
wichecraft, excerceisers, useres and practeiseres of the unlawful!, 
divilleische and damnable airtes of wichecraft respective abone rehearsit 
and moir particularlie heirefter expremit, ather of you for your awin 
pairtes, as is heirefter mentionat, and quha have gevin yourselffes out 
for chairmeres, laying one of seiknes, taking off of seiknes, consulteing 
with the devill, renunceing of your covenant withe God and of your 
baptisme, possest withe evill spirreites and haveing of names quhairby 
thai answer and obey you, and of uther devillsche airtes and pairtes of 
wichecraft by your conventioun withe uther wiches quhair the devill is 
present, in maner heirefter declairit, be the space of many yeires bypast, 
to the great dissavoweing of your Creatour, abjureing of your Eedeimer 
and contemneing of the Holie Spirit, hurtfull to the honour of God, 
trew religioun and all weill effectit christianes, contrair to the expres 
lawes of God set downe thairanent and actes of Parliament groundit 
thairupone, giveing thairby great offence and evill exemple to all trew 
Weill effectit christianes to committ the lyke errour gif ye and sic as 
ye, pernicious and divillische persones as you ar, be sufferit to leive 
and pas unpunischit. Quhairfoir necessar it is that ye and ather of you 
be condiguelie and exemplarlie punisched for your dimeriteis conforme 
to the dittayes respective and particularlie underwrittin gevin in against 
you and. ather of you, as is heirefter specified. 

First. Thow, Margaret Watsone, is indytit and accused for keiping 
meitinges and being at the conventioun withe uther wiches, namelie at 
ane meiting of the wiches in the hie kirk of Lanark, at ane uther 
melting withe wiches in the kirk of Carnewathe, and at ane uther 
meiting with wiches at Nivengseat and at Tormonquheill. To testifie 
the samin ane Helein Stewart, ane penitent wiche quha sufferred laitlie 
deathe at Cader, told thow wes ane wiche and wes withe hir at 
meitinges, as also umquhile Katherein Schaw, ane uther penitent wiche, 
did dilait the to be ane wiche and that thow wes withe hir at the 
meitinges in the places foirsaides. Of thir thou art guyltie and as 
ane notorious wiche thow aucht to be punishcet to the deathe, and this 
thow cannot deny. 

M' James Dowglas, minister at Carnewathe, witness, sworne and 



1644. CHARLES I. 149 

HiseeUancoiis admittit, deponit be his great oathe that he receavet ane lettre fra M' 
^"^ Hew Kennedie, minister at Cader, testifeing that Margaret Watsoun 

wes ane wiche and keipit seyerall meitinges, did not expres hir name 
hot by circumstance declairit hir to dwell in Carnewath. 

M** Robert Birnie, minister at Lanark, witnes, sworne and admittit, 
deponit that he hard Catherein Schawe dilait Margaret Watsone and 
Jeane Lachlane to be wiches. Uthers affirmed the lyke. 

Secondlie. Thow being dilait be the saidis Helein Stewart and 
Katherein Schawe, tuo penitent wiches quha suffered deathe, as said is, 
quhairupone thow wes apprehendit as ane notorious wiche, thow hes 
(without any tortour or hard useage) at Camewathe the penult day of 
September, in presence of Sir John Daliel of Newtowne, knicht, M' 
James Dowglas, minister at Camewathe, William Inglis of Eastscheill, 
W Robert Alisowne and William Dowglas and of divers uthers, frielie 
confest as follows : — First, that thow was ane wiche and that malice and 
invy we€ the cans and occasioun that thow enterit in covenant withe 
Sathan, and that he appeired to the thryse, the first tyme lyke ane blak man 
and gripped the about the left pape and then had carnall deale withe the, 
and thow decerned his nature to be cold, and that he come to the thrie 
severall tymes to thyne awin hous and promittit to give the ane mendes 
of suche as haid wrongit the, and particularlic of William Simpsone, 
father, quha, as thow alledgit, haid tane ane peace of land quhairof 
thow wes in possessioun. This thow art guyltie of lyke ane notorious 
wiche and this thow can not deny and art accused thairof. 

The said M' James Dowglas, witnes, sworn and admittit, aggreet 
ut supra withe this depositioun and dittay abonewrittin. 

The said M' Robert Bimie, witnes, sworne, deponit ut supra with the 
said M' James Hunter, schoolmaster in Camewathe, witnes, sworne and 
admittit, aggrees withe the uther tua witnesses. 

Thridlie. Thow art indytit and accused that, by thy devillische dis- 
positioune and by the devillische airt, thow wes the deathe of severall 
horses and ky that pertenit to the said Williame Simpsowne, quhairby 
he hes sufiferred great skaithe, and thow hes confessit the samin in 
presense of the saides witnesses. This thow did by thy devillis meanes 
and thow hes confessed the devill desyret the to doe it, and this thow 
can not deny. 

The said M' James Dowglas deponit that [he] hard the said Margaret 
Watsone say and confes that the devill promeist her ane mendes and 
did not dedair that schoe spak any farther of the said dittay. 

The said M' Robert Bimie, witnes, sworne, deponit that he hard 
Margaret Watsone declair schoe sought ane mendis at the devill and 
the effect followit. 

Fourtlie. Thow hes confessed in presense of the saides persones, 
witnesses, that thow wes at diverse meitinges withe uther wiches in the 
devilleis companie, viz., at Niveinseat, heighe kirk of Lanark and in 
the kirk of Camewathe (as the saids penitent wiches have declairit) and 



150 REGISTER OF THE COUNCIL 1644. 

that at severall tymes in the night seasone at the wiche meitinges thow MisceUaneous 
and the rest of the wiches that wer withe the being ane great multitude *^"' 
did lift corpes of deceissit persones fra quhom ye tuik memberes, to 
accompleische thy devillische designes upone men and women, quhairby 
thow and they tuik severall lyffes, and at your meitinges thow and the 
rest blasphamit Godis name and that ye usit to drink and daunce. Thir 
also thow art accused of, lyke ane notorious wiche, and this thow can 
not deny. 

The said M' James Dowglas depones as witnes tU supra and aggrees 
withe the point of dittay abonespecifeit. 

The said M"^ Robert Birnie aggrees tU supra conforme to the said 
point of dittay. 

Fyf tlie. Thow art accused and indyttit for ane notorious wiche, com- 
mowne bruite of wichecraf t, practeiser and user of wichecraft, and this 
thow can not deny. And to the toakin that thow is ane notorious witch, 
guiltie of the foirsaidis severall crymes, thow had thy meittinges in the 
places abone designit, and thow hes testifiet and declairit that thow 
knew perfytlie Mailie Pattersone in Carnewathe, Jonet Lockie thair, and 
Margaret Watsone thair, thy aunt, and that the said Mailie Faittersone 
read upone ane cat, Jonet Lockie read upone ane cock and thy aunt 
Margaret Watsone read upone ane thorne trie and thyself read upone ane 
bottell of strae and the said Jeane Lauchlane upone ane bourtrie. 

M' James Douglas depones as witnes ut supra conforme to the said 
dittay. 

M' Robert Birnie depones tU supra and aggrees with the said M' 
James. 

The saids persones of inqueist and chancellar all in ane voice fylles 
the said Margaret Watsone of the foirsaidis particulares of wichecraft 
respective abone writtin. (Signed) G. Weir, clerk to the premisses. 

First. Thow, Jeane Lachlane, art indyttit and accuseit for ane 
notorious witch, as being dilattit be umquhile Kaithrein Schaw, ane 
penitent witch, who laitlie sufiferrit death at Lanark, and quha befoir hir 
death did declair, upone the haizard of hir salvatione at severall tymes 
and constantlie till death avowed the to be guiltie of witchcraft and 
went thairwith to the fyre, affirmand the samein to be of treuth. This 
thow art guiltie of and this thow can not deny lyke ane notorious witch 
as thow art. 

The said M** James Dowglas depones as witnes that the said 
Katherein Schawe dilaittit ut supra. 

The said M' Robert Birnie, witnes, aggrees withe this dittay as 
witnes that he hard the samin. 

Utheres did the lyke. 

Secondlie. Thow art indyttit and accuseit as ane witch, for thow, 
being confrontit with the said Margaret Watsone at Carnewathe befoir 
M' James Douglas and M' Robert Birnie, ministers, the said Margaret 
Watsone did in thy face avow that thow wes one of the first quho maid 



1644. CHAELES L 151 

Miscellaneous hir acquantance with the devill and that thow wes at the meittingis 
apere. quhen the said Margaret Watsone and the rest of the witcheis wes at 

the meittingis with Satan in the severall kirkes and places particularie 
abonewrittin in the toakin thow read upone ane bourtrie. This thow 
art also guiltie of lyke ane notorious witch and this thow canst not 
deny. 

The said M' James Dowglas depones as witnes and aggrees withe 
the said dittay. 

The said M** Eobert Birnie, witnes, sworne, depones withe the said 
M' James, and addit that Margaret Watsone said that Jeane Lachland 
wes moir guyltie nor schoe wes hir[self]. 

Thridlie. Thow being first conveined befoir the sessioun of Carne- 
wathe and efterward befoir the presbitrie of Lanark, thow confessit that 
thow gave ane drink of the foxtrie leife to Williame Denholme, per- 
swading him thairto, and that the said drink wold aither mend him or 
end him ; quhilk drink the said Williame tuik and within sex houris 
thairefter depairtit this mortall lyfe. This thow art indyttit and 
accuseit of as ane notorious witch, and this thow can not deny ; and in 
corroboratioun of the premisses thow com within ane quarter of ane 
hour efter the death of the said Williame Denholme to thy nighbour 
Bessie Lindesay, being within hir awin hous and befoir schoe knew of 
his death, and told hir and in the heiring of Alexander Gray, hir sone, 
thow did schow to the said Bessie that the said William Denholme wes 
depairtit this mortall lyfe, and schoe speirand at the how wes he deid, 
thow quyetlie schow to hir that yow had gevin to him the said drink of 
the said faxtrie leafe quhilk wes the cans of his death, and then thow 
schew to Hir if thow haid not gevin him the said drink then wold he 
leivit sex yearis and troublit hir sone [and all the rest and declairit that 
schoe . . . the drink be the said William Denholme . . . 
sone his adwyse (marginal addition)]. 

Fourtlie. Thow being convict by thy awin confessioun of the death 
of the said William Denholme, as said is, and thow being urgit to mak 
furder confessioun off thy charmes quhilk thow by the devillis meanes 
usit for quhat farder confessioun thow wold make anent anie other 
dealling thow had with Satan, thow then judiciallie befoir the said 
presbitrie wes content, lykeas thow then actit thyselflf that, gif ever 
anie charmes or farder dealling in that kynd sould be provin against 
the, thow sould be then content to suffer the death as ane witch, and 
tuk upone the as guiltie of witchcraft without ony inqueist or assyse. 
And trew it is and of veritie that upone the second day of October last 
bypast, thow being re-examined in presens of the saidis M' James 
Douglas, M' Eobert Bimie and of M' Robert Alisone, thow confessit 
that thow haid bein ane charmer for the space of tuentie yeiris bygaine 
and that all thy charmes wer useit for sic as wer foirspokin or for 
wresting and the charmes that thow useit for anie that wes foirspokin 
wer thrie thingis hes foirspokin the 



152 REGISTER OF THE COUNCIL 1644. 

and qnhither thow wes absent or present from that quhilk wes chairmed MiaceUaDeoiu 
it wes alyk for thy charme and wrought als weill absent as present, ^*p®"- 
and consequentlie thow art ane witch by thy a win oonfessioun and by 
the foirsaid act maid in presens of the presbitrie, to the quhich thow 
consentit and so thow art guiltie of witchcraft, lyk ane notorious witch 
as thow art, and this also thow art indyttit and accuseit for, and this 
thow canst not deny. 

The said M' James Douglas, witnes, swome, deponit as this said 
point of dittay beires, and farder declairit that the quhole presbitrie, all 
in ane voice, declairit that Jeane Lachland hir pointtis of dittay that 
wes gevin in against hir were witchecraft, becaus they were persuaded 
in their conscience that the chairmes in that kynd gevin in ar be the 
devillis meanes, and knew that schoe haid said schoe could mend any 
that wer seik, ather beast or bodie, altho absent if thai beleivit and 
askit healthe for Godis saik, quhilk the said Jeane also confessit before 
the saides commissiouners. 

The said M' Robert Bimie aggreis withe M' James Douglas as 
witnes, sworne and admittit, as said is. 

Fyiftlie. Quhairas thow did declaire as of befoir judiciallie befoir 
the said presbitrie that thow useit no sort of charmes hot sic as thow 
did to umquhile Williame Denholme by making him drink of the fax 
trie leife and if thow did anie uther charme thow wes content, lykeas 
thow inactit thyselff to tak the crime of witchcraft upone the and to 
suffer death as ane witch without ane assyse, as said is, notwithstanding 
quhairof trew it is and of veritie that thow hes confessit that thow 
could doe no good by thy devilisch airt nather to beast nor bodie 
except the pairtie beleive and askit health at the for Godis sake and 
beleivit that thow could do the pairtie gude and consequentlie by thy 
awin confessioun thow art guiltie of the cryme of witchcraft and thair- 
foir aught to suffer death. This also thow art indyttit and accuseit for and 
this thow canst not deny. 

Sextly. Quhairas thow did declaire as of befoir judiciallie befoir the 
said presbitrie that thow useit noe sort of charmes but sic as thow did 
to umquhile Williame Denholme by making him drink of the faxtrei 
leafe and if thow did anie uther charme thow wes content lykeas thow 
inactit thyselff to tak the cryme of witchcraft upone the and to suffer 
death as ane notorious witch without ane assyse, as said is ; notwith- 
standing quhairof trew it is and of veritie that thow hes f rielie confessit 
that, quhen thow charmeit ather beist or bodie that wes foirspoken, the 
seiknes cam upone thyselff so that thow wold geap and gant and sweit 
for a tyme, and consequentlie by thy awin confessioun thow art guiltie 
of the cryme of witchcraft and thairfoir aught to suffer death. This 
also thow art indyttit and accuseit for and this thow canst not deny. 

Bessie Lindesay in Eardhouses, sworne and witnes admittit to the 
inqueist, deponit that Jeane Lachland come in to hir hous, thai dwelland 
neir uther, and schew hir that the said Williame Denholme wes deid 



1644. CHARLES I. 153 

MKoeiUmeoiis and that 8choe asked at hir how, and the said Jeane Lacheland ansuerit 

*^"" hir that schoe haid gevin him ane drink of the fox trie leaff that maid 

him die and that schoe gave the drink by William Denholme his sones 

adwyse, and if sche haid not gevin the drink he wald have cumerit all 

of thame sex or sevin yeris yet to come. 

Sevintly. Quhairas thow did declair as of befoir judiciallie befoir 
the said presbitrie that thow useit no sort of charmes but sic as thow 
did to the said umquhile Williame Denholme by making him drink of 
the foxtrie leife, and if thow did anie uther charme thow wes content, 
lykeas thow inactit thyselff to tak the cryme of witchcraft upone the 
and to suffer death as ane witch without ane assyse, as said is; notwith- 
standing quhairof trew it is and of veritie that thow chairmeit ane 
meir to Robert Somervell in Eirdhousses, and consequentlie thow art 
guiltie of the cryme of witchcraft and aught thairfoir to suffer death. 
This also thow art indyttit and accuseit for as ane notorious witch, and 
this thow canst not deny. 

Aughtly. Quhairas thow did declair as of befoir judiciallie befoir the 
said presbitrie that thow useit no sort of chairmes but sic as thow did 
to the said umquhile Williame Denholme by making him drink of the 
foxtrie leafe, and if thow did any uther charme thow wes content ; lykeas 
thow inactit thyselff to tak the cryme of witchcraft upone the and to 
suffer death as ane witch without ane assyse, as said is ; notwithstand- 
ing quhairof trew it it is and of veritie that about tuelff yeiris syne or 
thairby thow charmed James Leischmanis dochter and that thairby scho 
grew presentlie better, but by taking of the seiknes of the said James 
Leischmanis dochter thow geapit, gantit and swat for a tyme, and sua 
consequentlie thow art guiltie of witchcraft by thy foirsaid confessioun 
and devilisch practeis of charmeing by taking of of the said seiknes of 
the said James Leischmanis dochter by the devillis help and assistance, 
qnberby the seiknes wes upone the selff for a space. This thow art 
indyttit and accuseit foir as ane notorious witch, and this thow canst 
not deny. 

Nyntlie. Quhairas thow did as of befoir judiciallie declaire befoire 
the said presbitrie that thow useit no sort of chairmeing but that 
quhilk thow did to umquhile Williame Denholme by making of him 
drink of the foxtrie leafe, quherby within sex houres therefter he 
depairtit this mortall lyfe in maner foirsaid, and if thow did anie uther 
charme thow wes then content, lykeas thow then inactit thyselff to be 
guiltie of witchcraft and to tak upone the the cryme thairof and with- 
out ane assyse to sufferre death for the said cryme of witchcraft; 
notwithstanding quhereof trew it is and of veritie that thow charmeit 
Walter Somervell his wyfe for milk to hir chylde. This thow did by 
Satan his meanes and by thy airt of witchcraft, quhilk thow hes con- 
fessit and thairfoir thow art guiltie of the said cryme of witchcraft and 
aught to sufferre death for the samen. This also thow art indyttit and 
accused for lyke ane notorious witch, and this thow can not deny. 



154 REGISTER OF THE COUNCIL. 1644. 

Tently. Thow hes confessit that thow never chairmed aither beast or Miscellaneous 
bodie bot thy chairmes maid thame ever the better. This thow did *^*"* 
also by the devillis helpe as ane notorious witche and this thow can not 
deny. 

Elevintly. Thow art indyttit and accuseit for ane commoun chairmer, 
laying one and taking of of seikenes, comoun bruit of witchcraft and 
namelie quhen thow charmeit thow had ane oratione that begane with, 
" Our Lord outreid, etc.," quhilk thow hes confessit, and to the toakin 
quhen thow was confessand the samein thy evill spirit came to the and 
hinderit the to tell out the samein oratione and thairby thair come upone 
the ane horrible trimbling and schaiking in presens of the sadis tuo 
ministeris. This also thow art indyttit and accuseit for as ane notorious 
witch and this thou canst not deny. 

The said M' James Douglas, witnes sworne and admittit, deponit as 
the foirsaid point of dittay beires. 

" Tueltlie and lastlie. Thow art indyttit and accuseit for this poynt of 
witchcraft underwritten, viz. : Helein Heides in Craigiehall within the 
said parochin of Carnewathe, nerest nighbour to the Eirdhousses, quhair 
thow duelt, cam to the and shew the that hir milk wes goud frome hir 
papes and desyreit thy helpe and cure thairto and that for Godis sake 
and thairef ter scho beileivand that thow could doe hir gude thow then 
by Satan his meanes under cuUour of charmeing restorit hir to hir milk 
againe and within ane schort space thairefter the milk went frome hir 
breast quhairby schoe wes forced for supplie thairof to cum to the againe 
and thow then answerit that thow could not helpe hir againe but behoved 
to goe to ane man in Dunsyre quha wold helpe hir, and that the said 
man in Dunsyre as thou directit did helpe hir. This thow did by thy 
devilisch airtes and this thou canst not deny. 

George Adame in Cauldlay, witnes swore and admittit, deponit withe 
the said dittay in all pointis — witnes also to the said inquset. 

The haill persones of inqueist, all in ane voice, thinkes that the said 
Jeane Lachland is ane witche and hir chairmes comes be Sathan his 
meanes and thairfoir fylles her of the saidis pointis as witchecraft,in regaird 
that the saides tuo penitent witches haid dilaittit hir to be ane wiche and 
that the said Katherein Schawe tuik it to death that it wes trew and 
the inqueist declairit that the chairmes respective abonewritten wer be the 
devilles meanes done and not by na naturall way could have bein 
done and thairfoir all the persones of inqueist fylles the said Jeane 
Lachland of witchcrafte, as said is. (Signed) G. Weir, clerk to the 
proces." 

2 January, 1645. The Councel haveing considered the report 
abovewritten, ordans the justice to proceed and doe justice according to 
law. (Signed) Laudbrdaill, I.P.D." 

e. 1(544. 134. « Thes ar the supplies that we desyre from the Counsall. First, 

Supplie of moneyes for mantenans of ane vatch, quhilk if t>hey refuise, to 



1644. CHAELES L 155 

MisceiUnMns command 8om noble man to defend and saiflf us from indemptnities sic 
apers. ^^ ^j^^ Marques of Hountly, the Earle of Murrey, the Laird of Grant or 

the Laird of M^Kintoche, such as ar powerful! to doe the sam. 

Secondly. Thes being refuisit, to purches ane ample comission 
inserting the names contenit within your letter therin, with power to the 
said commissioners to stent the lands, exact penulties, to punnis refra- 
gantis and recepiers incaice of disobedience or not concurrens, all maner of 
persones within the lordshipe of Balvany, barronry of Auchindoun and 
haill lands of Stradoveran and Straith Ua. 

Thirdly. Ane strait command to the schireflF of Aberdeen, Bamfif or 
Elgin to receave from the said comissioners such broken men or women 
vagabound as it sail happin the said commissioners till apprehend within 
the said bounds, and to gif them justice according to information and law. 

Item, To eik be your better consideratione all uther supplementis for 
furderans of this guid cans as is usfuU in suche caises. 

Item. Communicat thir our informationes and letter with M' Walter 
Innes of Auchhincart quhom to we have wreittin to concur with yow in 
the business." 

[Addressed on the back]. " Thes be for our honnorabill guid frend, 
Alexander Lesly, wreitter in Edinburghe." 

135. Supplication directed to John, Lord Lowdoun, Chancellor of [Undated, 
Scotland, as follows : — " Pleis your honorabill lordship, be informittg^ lication 
that Margarett Sinklar, spous to William Bruce, schomaker, burges of that Margaret 
the Cannogaite, upone the fyft day of November last desyrit William g^use to 
Andersoun, no tar, to reid ane decreit arbi trail to hir pronunceit 1^ ^J^^^aker "^*' 
George Crawfurd, schomaker, burges of Edinburgh, and Andro Malloche burgess of 'the 
againes hir husband in favors of Alexander Alschunder, baxter, burges compeUed to 
of the Cannogaite, and the said Williame Andersoun, beginning to reid d^rSt * 
the samein to hir schoe in the mean ty me pulled the samein out of his arbitral 

pronounced 

hand and hes distroyit it ; and when we complained to the baillie, Henrie against her 
Ballanden, he desyrit hir to rander and delyver the samein bak againe, ^ ° * 
quhilk scho wald onnawayis obey his ordinance ; so we ar forceit to 
compleine to your honorabill lordship for suche ane wrang done to us 
quhilk is againes all equitie and reassoun that evidents sould be pulled 
out honest mens hand, beseikand your honorabill lordship for Gods 
caus the samein be reparrit in suche forme as it was at that tyme, and 
your lordships ausuer. And the said William Bruce being lawfullie 
waiinit to compeir befoir the said baillie wald not, bot left and fled away 
aff the toun threttein dayis." 

[On the back]. " Call the pairties, 6 [votes] ; grant 2." 

136. " Informatioun from the Presbitrie of Lanerk to the Lords c. 1644. 

of his Majesties honorable Privie Counsall of dittaes and information 
presumptiouns of witchcraft proven and confessit aganestoresbyteryof 
Katheru Shaw and Margret Eeid, induellaris in the Kathcri^r°* 



156 EEGISTEE OF THE COUNCIL. 1644. 

Shaw and parochin of Carnevath, that thair Lordships may be pleisit Miscellaneous 

indwe^iewin ' ^0 t^k the samen to thair consideratioun and if it sallseime *^"' 

Comwath who expedient to grant ane commission for thair further tryall 

are accused and conding punishment. 

with'a view to *" Imprimis. Thair wes sent to M' James Douglas, minister at Carne- 
comSsmon for ^ath, ane informatioun from the minister of Calder declairing that ane 
their trial. Helene Stewart, who hes maid large confessiouns thair, had [delait] 
amongest the rest the forsaid Cateren Shaw to have bene present to hir 
knowledge at thair solemne meitingis with the devill, quherupoun the 
said M' James gettis ordour to caus summond the said Katheren to the 
nixt meiting of the presbitrie. 

" The said Katren Shaw, compeiring befoir the presbitrie, at the first 
showis hirselfif obstinat, bot being comitted in the tolbuith of Lanerk, eftir 
some few dayes conferance with the minister of Lanark and uther 
guid people, without ony tortour or hard useage, she maks cleir con- 
fessioun of many gross poyntis of witchcraft, some of the principall 
quhereof foUowis. 

" First. She confest in generall, that it wes of treuth that she had 
bene in the devill service and had renuncit hirselfT saule and bodie to him. 
" That the first occasioun of her acquantance with the devill proceidit 
from ane injurie done to hir by ane Issobell Haistie who had third hir 
hous over hir head and killit tua of hir henes, which movit hir 
to [fall] out in a fearfuU passioun and say, * Now aither God or the 
devill give me a sein mendis of her.' Shortlie eftir, she cuming abot 
. tuelflf houres at evening from the fornameit Margret Reids hous to hir 
awin, thair appeired to hir ane meikle rouch dog and utered speich to 
hir, asking what she would give to have ane mends of Issbell Haistie, 
promeising that, if she would becum his servant, he wold give hir ane 
mends, quherupoun, she begining to feir and trimble, the dog or raither 
Sattane in his liknes evenizsed. 

'* Item, ane other nicht he appeired to hir eftir the same maner, and 
haiffing convoyed hir to hir hous evanised with ane horrable noyse. 

" Item, shortlie ef ter he appeired to hir in licknes of ane colt foill" and 
followit hir home to hir hous, and being enterit into the hous appeired 
lyk ane Johnne Johnstoun, ane neichbour sonc, and when she looked to 
him she said, * Johnne, I sail tell your father ye ar come to terrific me.' 
He said, ' I am not Johnne.' ' Quhom then/ said she. He ansuerit, ' I 
am your husband, Johnne Clerk,' and when she said that hir husband 
was dead and lying in the kirk yaird of Lanerk, he said that he wes 
come to fetch hir to him and askit if she wald be his servant as he had 
bene speaking to hir befoir and she sould fair weill. ' Quhat would ye 
give me ? ' said she, * for I have meall and keall.' He ansuerit, ' I sal 
mak ilk day [als] guid as thy yuill day*: and with that he grippit hir with 
his hand which wes cold as leid, [and] struglit with hir and, she haiffing 
no power to resist, he had carnall copulatioun with hir and [put] his 
mark upoun hir, quhilk she shew in hir richt arme. 



1644-5. CHAELES L 157 

Misceiianeoas " Item, ano Other nicht she wes coming to hir bed, and he being in it 
^"* befoir hir pullit hir in to him, [and] had carnall copulatioun with hir 

agane. 

" Item, she declares that the fornameit Margret Keid wes the chief 
instrument of making hir [have?] acquantance with the devill, whome 
she had sene at many nther of thair soleme meitingis in chief respect 
with him. 

" As concerneing the fornameit Margret Beid, she being convenit also 
befoir the presbitrie con[fest] the devilish lyk charmes following, which 
had also bene cleirlie proven befoir by famous witnesses befoir the 
sessioun of Carnevath. 

" Imprimis, she confessis that, being ane midwyfe to ane woman of 
Carnewath parochin, she put hir [baime] newlie delyverit throw ane 
hesp of grene yairin thryse to prevent the gand as she alledgeis. 

" Item, that for the cureing of ane child whome she callit maturned, 
eftir the mother had socht from hir the health of the child thryse for 
God sak, she pat it thryse withershines about ane aiken post ; qubilks 
tua being confest and uthers alledged, she wes content to act hirselff 
that, if further sould be proven aganes hir, all sould be trew which 
Catren Shaw had said of hir and that she sould willinglie die ; not- 
withstanding quherof, it is judiciallie proven and now confest that, being 
midwyfFe to tua sisters at tua severall tymes, she useit the charmes 
following, first, the seik woman being delyverit hir left foot sho wes 
taine away and never thaireftir sein ; nixt, the barne lying upoun the 
ground, she drew ane number of strange compases about it and then 
pat it thryse whitheshenes about it mothers left houch and thaireftir 
the woman being led up she took ane lichtit candle whithersheins 
about all the corners of the bed, murmuring sum secret words as wit- 
nesses hes deponit hot cannot tell them. 

" Item, being confrontit with the forsaid Cathern Shaw in prisson, 
who standing cons tan tlie to hir former delatioun in the presence of 
many witnesses, the said Margaret flew maist barburslie upoun Cathren 
Shawis face and being restranit utered thir words, ' If I had gottin 
blood of the theiff, she sould had never had power to haiff told 
mair teales of me/ (Signed) M. B. Birnie, minister at Lanark ; M. B. 
Inglis, minister at Douglas ; M' Jo. Weir, minister at Carlouk ; M. Al. 
Levingstoune, minister at Carmichaell ; M. J. Lindesay, Carstairs ; 
M' Ja. Douglas, minister at Carnwath ; M. J. Hume, minister at Lesma- 
hagoe ; M. W. Somervell, minister at Pettinane." 

137. "I, Alexander Mure, apoynted by the Counsel of Scotland to 2nd April 
resaufe al such provision as sould come from Scotland to Irland^^^* 
for the intertainment of the Scottis army ther, grantis me to haufe ment*by ^ 
resaved out of Gabrel Homes, Andro Garvie, Carl Morisone, Johne ^^®**^^^^j 
Culbert, Jo. Wilsone, Gorge Craf urde, ther barkes, the number of thrie received for 
thousand fyfe hundreth fyf tie aught boUis, one firlet tuo peckes meil in scots army in 

Ireland. 



158 



REGISTER OF THE COUNCIL. 



1645. 



the monthis of Agust, September last bypast by the wav of Glascou Mtsceiianeous 
from James Hamilton of Bogis for the use of the forsaid army, quherof *^"" 
I grant the rebaite ; as witnes my hand at Craigfergus, the 2 Apryle, 
1645. (Signed) Alexander Mure." 



7th May 1645. 

Summons at 

the instance of 

William 

Jameson, 

minister at 

Jedburgh, 

against 

Alexander 

Eirkton, 

provost of 

Jedburgh. 



138. Summons at the instance of Mr William Jamesoun, minister at 
Jedburgh, narrating that, upon occasion of the recent burning of the 
town of Kelso, he and Mr Robert Knox, minister at Kelso, with some 
others were sent by the presbyteries of Jedburgh and Kelso to the 
Committee of Estates and Commissioners of the General Assembly to 
represent the miserable condition of that town, whereupon a recommen- 
dation was issued by the said Committee for a voluntary contribution 
towards its relief and the collection was committed to any one of the 
ministers within the respective presbyteries to be nominated by the 
moderator and brethren thereof. This recommendation was printed 
and many copies circulated among the Commissioners of the General 
Assembly, who sent the same with their own missive letters to the 
several presbyteries in the counties of Roxburgh, Berwick and Selkirk 
and to the presbyteries with the army at Newcastle, the whole being 
inclosed in one packet directed to the complainer and Mr Robert Knox, 
who were desired to see the same delivered as directed. It was 
received by them, and the packet for the army was left with the 
complainer to be sent by him to England. The kirk session of Kelso, 
having resolved to send two of their number to the army on this 
mission, they sent one of them on Monday, 21st April last, to Jed- 
burgh to receive the packet from the complainer and convey it to the 
presbyteries there. By virtue of his commission he was received within 
the ports of Jedburgh, but as the said complainer wels at the church 
engaged in the morning's service, he retired to a house till the same 
was ended, and then sent by one of the bailies of the town to acquaint 
the complainer with his errand. Shortly thereafter the complainer was 
informed that Alexander Kirktoun, provost of Jedburgh, had thrust the 
commissioner out of the town, whereupon he went to the provost and 
" verie def tlie intreatted him to peimitt the commissioner to come and 
deliver his commissioun for so charitable ane earand, recommended 
both from the commissioners of Kirk and State. But the said provest, 
stirring up a great number of the touns people to follow him, not onelie 
refused to suffer the said commissioner to come within the toun, but 
also in publict streit uttered manie reproachful! and injurious speeches 
against the said Mr William, his owne minister, and lifted a rod to 
stryke him therewith, quhilk he eshewed by retiring back. Yitt the 
said provest in his furie followed and despitefullie gave the said Mr 
William tua boxes on the breast and had not failed to have committed 
further insolence upon the said Mr William, if he had not removed 
himselfe. Which being a verie malapert and proud attempt against the 
said minister in his owne parish be one who sould have protected him 



1645. OHAKLES I. 159 

Miaceiianeous in prosecution of the orders of the Committee and Generall Assemblie, 
apers. aucht therfoir to be censured/' Charge is therefore given for citing 

the said provost before the Lords and others of the Committee of 
Estates at Edinburgh on , and also for citing the following 

persons as witnesses, William Rutherfurde, bailie of Jedburgh, Andro 
Rutherfurde called the Burges, Andrew Mortoun, merchant, John 
Skougall, William Murray, James Kirktoun Archibald Rutherfurde, 
notary, James Gledstanes, burges of Jedburgh, and Thomas Chatto, mer- 
chant in Kelso. The summons is dated at Edinburgh, 7th May, 1645, 
and signed by Arch. Primerose. 

139. Note of execution on 12th May, 1645, by Andrew Craig, i2th May 1646. 
messenger, of a summons at the instance of Mr William Jamesone, Note of 
minister at Jedburgh, against Alexander Kirktowne, provost of Jedburgh, of above 

the service being against Thomas Chatto, merchant in Kelso, personally ■^™™®°'- 
apprehended, to compear as a witness in the case ; witnesses, Robert 
Craig, son to the messenger, and James Leidhous, servitor to Mr Robert 
Knox, ministicr at Kelso. 

140. Note of executions by Andrew Graden, messenger, upon 13th isth May 
May, 1645, of a summons at the instance of Mr William Jamesone, ' 
minister at Jedburgh, against (1) Alexander Kirktoun, 'provost of Jed- executions of 
burgh, personally apprehended, to compear before the Lords of the Jh^jJJa^fn^ of 
Committee of Estates upon 16th May; witnesses, Andrew Jamesone,J^^^^^JJ**™ 
indweller in the Abieclose, and John Loukupe, burgess in Jedburgh; and minister at 
(2) William Rutherfurd, bailie of Jedburgh; Andrew Rutherfurd called a|ainsuhe 
the burgess, Andrew Mortoune, merchant, John Skuggeld, William J^^^^l?' 
Murray, James Kirktoun, Archibald Rutherfurd, notary, and James and others. 
Gledstanes, burgesses in Jedburgh, all personally apprehended, to com- 
pear as above as witnesses in the cause ; witnesses, Andrew Jamesone 

and Robert Robsone, clerk of Jedburgh kirk. 

141. " 16 May, 1645, in presence of the Lord Craighall and Tofts. i6th May 
M. W. Jamesons witnesses : — William Rutherfurd, baillie of Jedburgh, ^^^• 
sworne, depons he wes at home in his hous and not present when the tho^owe^o/the 
squable wes, but that Thomas Chatto at sermon being at the port and j^*^"^^j|*^ 
the baillie having seen his testificat, and, knowing his earand wes to»firainstthe 
the minister, he told the said Thomas that the minister wes at the kirk Jedburgh, 
and desired him to stay at the port till sermon wes ended, and then 

told the minister that one wes seeking him from Kelso and wes at the 
port, and knowes no further, and depons he cannot write. 

Johne Skougall, sworne, depons that Thomas Chatto being at the 
croce the provest seing him inquired how he came in, and Thomas 
ansuered the baillie brought him in to deliver his letter to the minister, 
quherupon the provest desired him to goe to the port till the minister 
come, quhilk he did, and, the minister coming from the port with 



160 REGISTER OF THE COUNCIL. 1645. 

Thomas Chatto, the provest held up his staffe to the said Thomas and MisceUaneoiu 
desired him to goe back, and the minister affirming that he would take ***"* 
him to his hous, the provest said he sould not come in, who would not, 
and the minister said he sould come. Knowes no further. 

William Murrey, sworne, maried, depons conformis precedenti; onelie 
denyes he heard the provest boast or threaten the minister or use 
injurious words. 

James Kirktoun, sworne, depons he saw the provest hold up his 
staff but knowes not to quhom, and also saw him putt the minister by 
with his elbow and guirdie him, but heard no speeches. 

James Gledstanes in Jedburgh, maried, sworne, depons con/onms 
secundo testL (Signed) Craighall ; Belsches. 

Post meridiem, in presence of the Lord Craighall and James 
Stuart" 

6th June 142. Boud by Mr William Cuningham of BallindaUoch with Thomas 

Bo d b M Johosone, burgess of Edinburgh, as cautioner, that he will pay to his 
William ' Majesty's Treasurer and receiver of rents for his escheat goods, if he is 
of^Baiiin-*™ found lawfully denounced at the instance of Margaret Cuninghame, 
for^hi^iscfSt^^^^S^^^ ^^ Harry Cuninghame, portioner of Reetalrig. [See an^e, p. 
goods if he is 44]: With clause of relief; dated at Stirline, 6th June, 1645, 
denounced by^ witncsscs, John Stirling of Harbertshyre and George Makmichall, servitor 
Cun'Skli^ham. ^ ^^^ ^aid Mr William. The bond was written by Mr John Callendar. 
Eprtioner of The cautioner cannot write and signs by the aid of John Gawie, notary. 

JgNovcmber 143. Unto the Lords of Secreit Counsall, humblie means and shawes 
Petition by Alexander Tnglis, Dean of Guild of the brugh of Pearth, that quhair 
Alexander Patrik Mairtciu, elder and younger, being unlawit in ane shiref court of 
of guild of the Pearth, and poynding direct f urth against tham thairanent, I causit 
Perth, anont laufullic poynd Certain oxen fra them thairfoir, as the said decreit, 
of oxen"^*^^ precept and executionis bears, nochtheles quhairof your lordships did 
belonging to ordain me to redely ver fyftein oxen, allegit poyndit be me or els tuentie 
tin, elder and fourc puuds for the prycc of ilk ane of them, and the saids Patrik 
younger. Maivtein, elder and younger, to find cautioun to pay the unlawes. And 
e«' <iP- .J being chairgit for payment of the pryce of the said oxen wes forceit to 
consing the same and to suspend the said decreit upoun the fyft day of 
December j"vj® and fourtie foure yeirs ; quhairupoun the said Patrik 
Mairtein, elder and younger, did upoun the penult day of December, the 
said yeir, 1644 yeirs, purches your Lordships letters and thairupon 
did charge me to compeir befoir your Lordships upoun the ellevint day 
of November thairef tir to hear the foirsaids reassouns dicussit ; and thair- 
foir I now produce the saids reassouns eftir specefeit, quhilk I use for 
eleiding of the said decreit, humblie intreating your Lordships to considder 
the same. In the first, the foirsaid decreit aucht to be suspendit for 
the number and quantitie of thrie oxen of the said fyftein decernit to be 
restoirit be me, becaus thair nather wes nor could be decernit against me 



\/ 



X646. CHARLES I. 161 

M i floe Ti aneoM moii* than the nuiuber of tuelve oxen conteanit in the said poynding, 
^"" nather did the foii-said decreit proceed upoun any uther probatioun than 

upoiin the poynding produceit. And trew it is that, albeit the poynding 
bear that thair wer sextein oxen and ane kow at first apprehendit upoun 
the ground of the lands, yit nevertheles it is maist trew, lykas the 
poynding bears, that thrie of the saids seixtein oxen wer challengit be 
Jean Mairtein, dochter to the said Patrik Mairtein, elder, as hir owin 
propper goods, whairupoun shoe maid faith and in respect thairof they wer 
dely verit back to hir be Alexander Conynghame, shiref officer, user of the 
said poynding, as the executioun bears, and in lyke maner ane uther of the 
said oxen wes challengit be William Stewart, whairupon he maid faith, 
and the foirsaid broun kow wes challengit be John Spense, whairupoun 
he made faith, and wes redely verit bak to them be Harie Droummound, 
ane uther of the said sherif officeris, as the executioun in lyke maner 
bears; so that thair wer only tuelve oxen lawfuUie poyndit, as the 
poynding bears. And in so far as the foirsaid decreit siems to be foundit 
upoun my confessioun, the samen is null and aucht to be suspendit, becaus 
the said Patrik Mairtein, compleaner, did not refer the veritie of the 
complaint to my declaratioun, nather wes ever my aith taiken, nor did 
I depon in the said mater, bot only produceit the said poynding. and 
thairfoir thair could be no further decernit to be restoirit than wes poyndit. 
In respect quhairof the forsaid decreit, in sa far as the samen decerns 
thrie oxen by and attoure tuelve conteanit in the poynding, is null as 
wanting probatioun. 

Secondlie, the foirsaid decreit aucht to be suspendit for the remnant 
tuelve oxen conteanit in the poynding, becaus I olBfer to prove and 
instantlie instructs that immediatlie [efter] the charge given to me for 
restitutioun of the said oxen, I, for obedience of the said decreit conforme 
to the chairge, did be Andro Marshell in Craigmackuiran, my procuratour, 
mak reall offer to the said Patrik Mairtein of the said tuelve oxen, 
personalie apprehendit upoun the ground of his owin lands of Campsie, 
out of which they wer poyndit in als good cais as they wer the tyme of 
the poynding, quhilk the said Patrik did refuis, quhairupoun I be my 
procuratour left the saids goods upoun the ground of the saids lands, 
conforme to your Lordships decreit and charge foirsaid, in respect of the 
which obedience instantlie done be me conforme to your Lordships 
ordinance instantlie verifiet be lauful instrument, the said decreit aucht 
to be simpliciUr suspendit. 

Thridlie, albeit thair had not been any lauful offer maid for obedience, 
as trewlie wes, yit the foirsaid decreit aucht to be suspendit and the 
said Patrik Mairtein, elder and younger, can never be hard to suit 
execution thairupoun, becaus I offer me to prove and instantlie instructs 
be tua severall laufull instruments that the said tuelve oxen wer in the 
chargers possessioun since the dait of the foirsaid decreit upoun the 
ground of thair lands and houses belonging to them, and thairfoir can 
never be hard to seik executioun for delyverie of the said oxen or 
VOL. via L 



162 REGISTER OF THE COUNCIL. 1645-6. 

pryces thairof, in respect quhairof the said deceit aucht to be suspendit MiscQiUnoous 
simpliciter. *^"' 

Fourtlie, giveing and not graunting that thair had not bein any 
reall ofifer maid, as trewlie wes, and that the saids tuelve oxen had not 
bein in the chargers possessioun since the decreit, as they trewlie wer, 
yit nevertheles the said decreit aucht to be suspendit simpliciter, and 
the chai^gers cannot be hard to seik any executioun thairupoun becaus 
the foirsaid decreit is afifectit with ane expres conditioun that the saids 
chargers should lind cautioun to me of the unlawes decernit against 
them, quhilk as yit thay have not done, nor maid any payment of the 
samen to me, so that till the saids unlawes be fullie satisfiet for the 
which the saids goods wer poyndit, I cannot in justice be lyable ather 
to mak restitutioun of the tuelve oxen or pryces thairof, the said 
chargers conforme to your Lordships decreit, quhilk is the ground of the 
charge and conforme to the shireffs decreit of Pearth, being verifiet to 
be debtoris to me in the saids unlawes, quhairupoun de liquido in liquidum 
conforme to the act of Parliament compensatioun aucht to be grauntit, 
all quhilk is instantlie veriliet. In respect quhairof the said decreit and 
executioun thairof aucht to be suspendit simpliciter and the consingit 
mony given up to me, or otherwayes, as your Lordships thinkis ex- 
pedient. I humblie crave that, sieing the said mater is mearlie civeill, 
that your Lordships would be pleasit to remit the same to the Lords of 
Counsell and Sessioun to be cognoscit as being competent judges thairto, 
and for that e£fect to ordain the consingit mony to be given up to me 
upoun sufficient cautioun to be answerable thairfoir, as law will, according 
to justice. And your Lordships answer humblie I expect. 

c. 1645. 144. *•' It is desyred your Lordships wold be pleased to gett the 

^]>«^ Stewart cause depending before the Bills at the instance of Robert Steuart of 

and others, *■ " 

vassals to the Navie and others, heretores of Glenlyvit, vassals to the Marqueis of 
Huntiy!° Huntley, against the Laird of Leslie Forbes may be remitted to the 
iiiJd*of^^ Secrett Counsell. Remitte to the Councel. (Signed) Crafurd 

Leslie Forbes. LiNDBSAY." 

[c. 23rd July 145. Supplication by the noblemen, gentlemen and other inhabit- 
^ '|. ants within the regality of Spynie, as follows : — Since the death of 

by the noble- John luncs of Lcuchars, heritable bailie of the bailierie and regality of 
menland^other Spynie, there has been no one to dispense justice therein, and 
wHhin*the* Innes, his son, has not entered and does not intend to enter as heir, 
regality of They are hereby much prejudged, and some of them are deprived of 
appohitment^ the right of Serving themselves heirs to their predecessors in certain 
withi*n'the lands. They therefore crave that William Layng, one of the bailies of 
said regality. Elgine, who was formerly depute to the said John Innes in the oflSce 

foresaid, or some other able and qualified man, may be appointed to act. 

The decision of the Lords is given awte, p. 53. 



1646. CHAELES I. 163 

Miscellaneous 146. Finding of the Lords of Council in the process by William Rig reth Decern- 
apera. ^^ Carbarrie and others against Sir John Wauchope of Niddrie, slr uge^i^i^,-] 

narrated antCf p. 38. On the other side of the papers are the following Depositiona in 
depositions in the caae : — wni?!^ Rig^of 

James Eid, sworne, depons he did cast in yeard in the coal pot^*jJ'^j|^'^^^^ 
mouth and whoribusses, and that Alexander Murdoch and his coalbearers Sir John 

I J Wauchope of 

were ClOSSed. Niddrie. 

John Knox depons he wes not present. 

George Clunie depons he did cast in erdd in the coal poat mouth 
and ditted it up when Alexander Murdoch and his coalbearer were 
within the coal pot ; and that they were not deteaned above ane 
quarter of ane houre. 

Andro Eammage depons he wes not present nor did not cutt anie of 
the stoups. 

Williame Johnston depons he cuist in some yeard in the coal 
pot mouth when Murdoch and his coalbearer were within the coale 
pot. 

John Dicksone deponis con/ormis. 

Sir John Wachop of Niddre, sworne, depons he did not draw his 
sword, and that he told Eobert Mure he would doe weele to goe his way 
and not to come thair to trouble thaim againe. Depons he did not 
persew Eobert Mure with a drawne sworde. Depons he directed the 
poor men to fill up the hole." [State of the vote] Proven 3 ; Not 
proven 7. 

Also, on the same page: " Lieutenant Colonel Monro, cautioner for 
Captain Leslie ; Patrick Scot of Thirlestane, cautioner for William Scot, 
under the paine of 2°* merks." 

147. Supplication by Andrew Linne as follows: — ^"^T, being ane c. 1646. 
inhabitant in the kingdome of Ireland thir aughteine yeires bygaine and ^"^ndrew*^ 
haveing married ane honest woman ther, callit Elizabeth Eedgatt, and liinne, Irish- 
haveing procreat betwixt us foure bairnes, trew it is that in the allowed tin 
beginning of the lait troubles ther, I, haveing for the suirlie of my ^®y ^^^ 
wyflfe and childrene, intending to doe my best, did then put hir and recover certain 
them within the Castell of Cloch, quherof Captaine Walter Kennedie fceiai^d'for his 
was then captaine, att quhich tyme the said Captaine sent me with ^cUcSi^ brought 
nynteine more of our countreymen on horseback to wiew the fields, ^^d ^*i^^^>™ ^y 
to interrupt ane passage (iff it wer possible) distant from the said castle Sempie, 
aught mylls or therby, and that aboute twelf aclock at night, it being the c^nongate. 
verie dark for the tyme ; quherupone we haififeing gone upone hazard 
of lyflfe and death and that for preservatione of his Majesties honour, 
our lyffes, our wyflfes, childrene and estaites and keipit the passage 
quherunto we wes direct, and when (efter a long tyme) we wer 
returneing home againe to the said castle we wer informit be the way 
that the said castel was beseiged be the enemie and that the said 
Captaine haid renderit the same within few houres after the seidge and 



164 



REGISTEB OF THE COUNCIL. 



1646. 



that without anie sturr or conflict, albeit he wes suificientlie provydit of Misoeiinneous 
men, munitioun and victualls for the space of thrie or four monethes, "^"^ 
notwithstanding he most cowardlie and unfaithfuUie to his King and 
countreymen randerit up the said castle to the enemie, seiking allenerlie 
quarters to himself, his wyffe and children, and remitting the whole rest 
to the unmercifuU crueltie of the enemie, att quhilk tyme ther wes 
killed by men and boyes that fought quhill ther lives wes quick into 
them sevinscoire women and children, quherof my wyffe and thrie 
childrene wes ane part, with diverse uthers my freinds to the number of 
fyftein or sextein. Upoun the quhilk greivauce and crueltie I, with the 
rest of my saids comerads, wes forcit to flie to the nixt refuge quher 
oure countreymen haid anie forces, and I have servitt his twelf moneth 
bygaine as ane voluntire upon my awin charges and expensses, 
quhill now of laitt within this moneth I came heir to Scotland 
to visite my freinds, att quhilk tyme I wes summondit to 
compeir befoir the Lords of Sessione at the instance of Williame 
Semple, indweller in the Cannongait, to mak payment to him off a 
hudge deall of quantities of guids and geir alledgit belonging to him as 
husband to umquhill Helene Semple, the relict of umquhill Thomas 
Redgat, jure mariti, quhilks particulares conteinit in his lybell (extending 
abowe ten thowsand ttbs) he hes referrit to my oath, such [as] I cannot 
prove be writt. And seing equitie and re^ssone wold (haiffing my wyffe 
and children murtherit in maner forsaid and bereavit of my whoU guidis 
and standing) that I should haiff ane compitent tyme assignit to me for 
goeing to Ireland to search and seik owt such papers as I can find for 
my defence in the said actione, iff anie be to fore, and haiffeing no 
longer tyme allottit to me be my commander in Ireland nor the fyftein 
day of Februar nixtocum to returne back againe to Ireland to my 
service, to quhich I am bound be promise, and am not sure quhen I 
willbe sufferit to returne back againe heir, heirfor I, your pooro suppli- 
cant, most humblie beseich your Lordships to tak the premisses of my 
calamitous discourse, it being of treuth in the haill (as I salbe comptable 
to God) to your Lordships mercief uU consideratione and to allow me the 
first day of July to seik out my saids papera in Ireland in such court 
books and registers as I can find them for my defence in the said actione, 
beffoir quhich tyme I am not able either to produce my saids papers or 
giff my advocatis informatione, and that your Lordships therafter wilbe 
pleasit to recomend the same to the Lords of Sessione beffoir quhom 
the said actione is agitate/' 



[Undated, 
e. 1646.] 
Supplication 
by the magis- 
trates of 
Irvine for 
directions 
regarding a 
boy who nas 
accidentally 



148. Supplication by the provost and bailies of Irwing, as 
follows: — On 19th October instant, a boy within their burgh, aged 13, 
named Alexander Bankis, was tried by an assize for the slaughter upon 
the preceding day at Stinstoun of Gilbert or Gilchrist M^^Ilwaster, a 
Highland man from Kintyre, with a hagbut. The assize convicted him 
" of the reckles and negligent slauchter of the said umquhill Gilbert 



1646. CHAELES I. 165 

MnceiiaDwnu with the foirsaid hagbutt, the samyn being brocht over f ra the Hielandis shot a man 
^****^ to the maynland with thes Hieland men who war at that same tym^**^**^"^^"** 

in companie with the said Gilbert, chargit with powdir and leid, the 
said umquhill Gilbert and James Fultoun, maister of the said boy, being 
standing together making bargan anent sum ky, erles being laid in his 
hand of the said kuy be the said James, the said young boy being standing 
at his maisteris bak and being toiland in his baimhood with the said chargit 
hagquebut, not kennand the same to be chairgit, never haifing beinin malic 
with the said umquhill Gilbert, nor haifing sein uthiris or had midling 
togither." The supplicants, in respect of the circumstances and the boy's 
age, and also that no one prosecuted him, have continued his sentence, and 
crave direction herein from the Council. (Signed) Allane Dunlop, 
proweist ; A. Conynghame, bailye ; R Broun, clerk. 

149. " Forsamekle as it hath pleased God to visite the burgh of Dysartc. 1646. 
with the contagious seiknes of the pestilence, quhilk daylie groweth and S^^v?-^]^ ^^ 
incressis within the said burgh be ressoun of the misgovernament thairin, Dyaart to take 
preceding frome the dissobedience of the inhabitantis within the same, guj^resaion^of 
quha can not be retenit and haldin under that commandiment and o^edy- JJ^^.^'jJ*^^ 
ence quhilk becometh, everyone prescry ving reulis to thame selffis how appeared in 
to behave thame selffis in this dangerous tyme, sua that be the present ^*" ^^ ' 
conf usioun and disourder within the said burgh the said seiknes is lyke to 
haif a forder course and progress thairin, giff God of his mercy provyde 
not remeid and that all sich ordinarie and lauchfull meanis be used 
quhilkis at Godis goode pleasour may stay the course of the said seiknes, 
thairfoir the Lordis of Secreit Couusaill gevis and grantis power and 
commissioun to the baillies of Dysert (quhome the saidis Lordis 
makis his Majesties justiceis in that parte) to mak, prescryve and sett 
doun actis, reuUis and constitutionis within the said burgh for the goode 
reule and governamentthairof during the present seiknes thairin, especialie 
for retening and keiping of the suspect and fouU personis frome the clone, 
appointing of placeis for the fouU personis and commanding of thame to 
contene thame selffis within the pairtis and placeis appointit for thair 
tryall and clengeing, ay and quhill efter a sufficient tryall thay be fred 
and relevit, and to injoyne panes and punismentis upoun the contravenaris 
of thair saidis actis according to the natour and qualitie thairof, and to 
execute the same pane? accordinglie ; with power alsua to thame to tak 
ordour how the puir and miserable bodyis (quha ar and sal happin to 
be visite with that seiknes and wantis moyane to sustane thameselffis) 
salbe sustenit and intertenyit during the tyme of thair suspitioun and 
seiknes, and the ordour to be tane be thame to cause putt in executioune ; 
and to fense and hald courtis and to creat officeris and memberis of 
court neidfull, assyisses and witnesses als oft as neid beis, ilk persone 
under the pane of ten pundis, to summond, wame, cheis and cans be 
swome : ferme and stable balding and for to hald all and quhat som- 
evir thingis salbe lauchf ulUe done heirin : chargeing heirby all the 



166 REGISTER OF THE COUNCIL. 1646. 

inhabitantis vrithin the said burgh and utheris whome it effeiris to Misceilaneons 

reverence, acknowledge and obey the said baillies in all thingis concern- *^"* 

ing the executioun of thair officeis, as they and every ane of thame 

will answer to his Majestic and his Counsaill at thair heichest 

charge and perrell. This present commissioun during the continuance 

of the seiknes within the said burgh allanerlie to induir. (Signed) J. 

Balmerino." 

C.1646. 150. "Humble Petitiouns to the Lords of his Majesteis most 

honorabill Privie Counsall be M' Thomas Michell, comis- 
sioner for the diocese of Abirdein. 
Petitions from " Imprimis, concerning Georg Duncan in Lessindrum, parischioner of 
MUcbeSrcom- Drumblet, excomunicat for adulterus incest, having often sensyn 
the dtS^-LeTof J^^vadet the minister of his lyff and at last casten himself out of service, 
Aberdeen. living most scandaluslic, that your Lordships wilbe pleased to grant 
^^^ commissioun to the schirreff of Aberdein present and his successours to 

apprehend the said Georg and to execute the lawes against him. 

" Itemy becaus the Sabbathe day is most hainouslie profained be 
messengers, schirreffs and commissars, officers and uthers of that sort be 
executing ther chairges at the churche doores quhen pepill ar going and 
comeing fra devyn service, quherthrow the Sabbai/he day is profained, 
christian hairts grieved and many therby hendered to resort to the 
heiring of the word, it will please your Lordships to give ordour for 
restraint theroff and to inhibit the sam in all tymes comeing under some 
strait sanctioun against the committars. 

" Item, it will please your Lordships to consider at quhat extraordinare 
charges the bischop and ministrie of the diocess hes bein be sending 
comissioners, executing of charges and suche lyk daylie occatiouns thir 
yeiris bygon and yit ar, in persewing and prosecuting the lawes of the 
kingdome against excommunicat papists, and to tak some course 
theranent. 

(" Ordains thame to be payed out of the fynes.") 

c.1646. 151. A. E. L 0. U. Y. 

f^Wu^sldin ^' ^' ^^' ^*- ^^' ^°- 

the correspon- 6. 9. 12. 15. 18. 21. 

wrnd°'ofhU 7. 10. 13. 16. 19. 22. 

Majesty. 

B. C. D. F. G. H. K. L. M. N. P. Q. E. S. T. W. X. Z. 

25. 23. 29. 27. 33. 31. 37. 35. 41. 39. 45. 43. 49. 47. 53. 51. 57. 55. 

26. 24. 30. 28. 34. 32. 38. 36. 42. 40. 46. 44. 50. 48. 54. 52. 58. 56. 

From 58. to 200. serve onelj for NuUes, that is to distinguish the 
words and make the whole cypher hard. 



1646. 


GHAELES I. 


Muoellaneons 4. King. 


241. Hamilton. 


p.tpe«. 3 Q^^ene. 


242. Huntley. 


2. Prince. 


243. Arguile. 


1. Duke of Yorke. 


244. Montrose. 


200. P[rince] Eupert. 


245. Eglinton. 


201. P[rince] Maurice. 


246. Nithisdaile. 




247. Kalander. 


202. Duches of Buckingham. 


248. Seaford. 


203. Duches of Richmond. 


249. Limarick. 


204. Duke of Eichmond. 


250. Traquair. 


205. Arundell. 


251. Aboine. 


206. Northumberland. 


252. Lowden. 


207. Darbye. 


253. Ballmerinoch. 


208. Worcester. 


254. Kirkubright. 


209. Southampton. 


255. Johnston. 


210. Bedford. 


256. G. Lesley. 


211. Pembrooke. 


257. Mayor Montroe 


212. Essex. 


258. . . . Murrey. 


213. Hartford. 


259. Archib[ald] Steward. 


214. Dorcet. 


260. Ormond. 


215- Salesbury, 


261. Thumond. 


216. Leicester. 


262. S. Albons. 


217. Warwick. 


263. Gormonston. 


218. Bristowe. 


264. Montgarret. 


219. Holland, 


265. Mr Genish. 


220. Newcastle, 


266. Mr Guier. 


221. Falkland. 


267. Chichester. 


222. Saye. 


268. Muskry. 


223. Conway. 


269. Staire. 


224. Cottington. 


270. Sir Phelim O'Neil. 


225. Manchester. 


271. Mr Owen O'Neil. 


226. Secret[ary] Nicolas 


272. Prestoun. 


227. H. Percy. 


273. Galle. 


228. H. Germaine. 


274. Berne. 


229. Porter. 


275. Antrim. 


230. WiUmut. 


276. Mr Alexander M«Donell 


231. J. Ashburnham. 


277. Sir D. Gorme. 


232. General Euthen. 


278. Sir H. Tichburne. 


233. Sir Ai\ Aston. 


279. Sir Jo. Borlace. 


234. G. King. 


280. Sir W. Parsons. 


235. G. Goring. 


281. Tirone. 


236. Sir Ar. Hopton. 


282. Tirconell. 


237. Aide Hotham. 


283. Sir James Dillon. 


238. The Parliament. 


284. Sir Luke Fitzgarret. 


239. Mr Daniel O'Neil. 


285. Eoger Moore. 


240. Mr Briant O'Neil. 





167 



168 



REGISTER OF THE COUNCIL. 



1646-7. 





Townee in England. 


319. Dunluce. 


MiscellaneODfe 






320. Balle Castle. 


Papers. 


286. 


London. 


321. Olde-stone. 




287. 


Yorke. 


322. Glanarme. 




288. 


Oxford. 






289. 


Newcastle. 


Islands. 




290. 


Hulle. 






291. 


Chester. 


323. Manne. 




292. 


Scarbrough. 


324. Bute. 




293. 


Carlile. 


325. MuUe. 




294. 


Whitehaven. 


326. Sleate. 




295. 


Workington. 


327. Eaghlen. 




296. 


Wirewater. 






297. 


Holyhead. 


328. Spaine. 




298. 


Barwick. 


329. France. 




299. 


Helmsley. 


330. Italy. 




300. 


Barley. 


331. Holland. 

332. Rome, 






Townes in Scotland. 


333. Groine. 

334. Dunkerk. 




301. 


Edenbrough. 


335. Callais 




302. 


Ayre. 






303. 


Erwin. 


336. The Emperour. 




304. 


Leith. 


337. King of Spaine. 




305. 


Dunbarton Castle. 


338. King of France. 




306. 


Portpatrick. 


339. Queene of France. 




307. 


Kirkubright. 






308. 


Lough Killkeran. 


340. Traileman. 




309. 


Lough Fin. 


341. Poole. 

342. James Steward. 






Townes in Ireland. 


343. Sir R. Pye. 

344. Sowreby. 




310. 


Dublin. 


345. Nandick. 




311. 


Galloway. 


346. Mons[ieu]r Peeter. 




312. 


Knockfargus. 


347. Mon[6ieur] Mich. 




313. 


Kinsaile. 


348. Tom. Lilly. 




314. 


Killkenny. 


349. Archibald] HiUe. 




315. 


Derry. 


350. Will[iam] Whiteheade. 




316. 


Coleraine. 


351. Sir Jo. Clot worthy. 




317. 


Waterford. 


352. John Davis. 




318. 


Charlemont. 






[Signed on the back] "A. 


Pbimerose." 




12th January 1 i 


52. "At Hamiltoun in 


the presbitery thairofif, 12 Januar, 1647. 


1647. m, ^ 

, , 1 he 

Approval by 


quhilk day thair wes presentit beffoir the presbitery foirsaid 

* T -_.ji "TV— 1_ ^£ TT :^J. -n i«_ !_•_ /^ i_ t_ 


ane 



the presbytery lettir from my Lord Duk of Hamiltoun, all under his Gracis hand. 



1647. CHAKLES I. 169 

HnoeiUuieoiis beiring in effect that his lordship wes weill pleisit to give to M' Johne of Hamilton 
^^^ Baillie, presenlit by his lordship to the kirk of Cambuslang, yeirlie the Dukr ^ 

during his lyftyme and to his successours, ministeris at the said kirk, °^|.^J™*^^"^ 
by way of a constant locall stipend to him and thame for serving the ment of Mr. 
cuir thairat, not onelie the old stipend quhilk his predicessores had of minister of 
beflfoir but farder in way of augmentatioun of the stipend foirsaid that ^'"^^«^a»«- 
quhilk M' Fatrik Hammiltoun, last minister thairat, had of his lord* 
ship in pensioun, with halfF ane chalder of victuall moir out of the first 
and reddyest of the teynds of the paroch kirk and parochin foirsaid, as 
the said lettir in the selfif at mair lenth beiris. Quhilk being red, hard 
and consldderit be the presbitery, and thai being ryplie and weill 
advysit thairwith, they fand the said offer ressonabill, requyring M' 
Patrik Scharp, thair moderatour, to give his lordship thankes, ordaining 
that a contract be drawin up betuix his Grace and the said M' John in 
maner and to the eflfect abonewrittin. Extract be me, M' David 
Mayne, furth of the buikis of the presbitery of Hammiltoun, clerk 
thairto. (Signed) Mr David Mayne, clerk. 

153. vSupplication by Sir William Dick of Braid, knight, as follows: — 9th February 
He is charged at the instance of George Aitkine for making payment ^^^^V . 
of ten shillings of daily allowance, "conforme to your lordships act bjr Sr WiUiam 
and ordinance maid thairanent dailie and ilk day since the secund JJjf th°^ ^'***** 
day of Januar last to the 9 day thairof , being sevin dayes for ane weik and 8^pen«on o{ 
frae the said nynt day to the 16 day therof, being other sevin dayes for brought 
the secund weik, and frae the said 16 day to the 23 day therof inclusive, b^^George" 
being uther sevin dayes for the thrid weik, within sex dayes nixt eftir the^^*°'^ .^^ ^j^^ 
charge under the pane of horneing," and he complains that the said toU)ooth of 
George Aitken " intends to denunce me thairto maist wrangouslie becaus sir* w?ufam\ 
both eftir and befoir the geiving of the said chairge I was ever most*^^"*'®' 
willing to pey to the said George the foirsaids thrie weiks mentenance 
conforme to the said act and ordinance, he alwayes subscryveing to me 
ane sufficient discharge thairupone, including all bygane, conforme to 
other dischairges granted be him formerly to me in the same kynde, 
quhilk the said George absolutlie refuised to doe; quherupon Johne 
Whytt, my servitour, in my name tuik instruments upone his refuisall 
and of my willingnes to mak payment to him in maner foirsaid," which 
instrument, with a former discharge by the said George to him for his 
maintenance from 26th December, 1646, to 3rd January, 1647, "including 
all byganes" are produced. He has thereupon consigned the three 
weeks' allowance, amounting to £10 Scots, in the Clerk's hands, to be 
forthcoming to the said George Aitken upon a discharge to be granted 
by him thereupon. The supplicant therefore craves suspension of the 
charge, and letters for summoning the said George to see this done. 

[On the back] **Apvd Edinburgh, nano Februarii" 1647. Fiat mm- 
monitio ut petitur to the first day of March and to suspend and discharge 
unto the tent day of the same becaus the supplicant hes consigned the 
soume within conteaned. (Signed) Southesk." 



170 REGISTER OF THE COUNCIL. 1647. 

5th April 1647. 154. Supplication by John M*Callaw, burgess of Haddington, as MisceUaneons 
SuwiicRtion follows : — Sir John Seattone of Barnes, knight, George and Charles ^^"' 
M'Caiiow, Seattounes, his sons, and James Hammiltoun, his half-brother, molest and 
HaSdfngton, trouble him and his men, tenants and servants in the possession of their 
^°^ inst's"*'^* lands, especially by taking away his horses and oxen when they are 
George Seton labouring the ground and are in the ploughs or about any other kind of 
othereT*'^' *" work, to his great loss. He therefore craves letters to be directed to 
messengers of arms for taking his oath that he fears bodily harm, and letters 
for charging the said persons to 6nd caution for keeping him scathless. 

[On the back] '' Apvd Edinburgh, quiifito Aprilis, 1647. Fiat vjt 
petitur. The within nameit Sir Johne Barnes [sic] complenit upone 
under the pane of three thousand merks and ilk ane of the remanent 
persounes under the pane of ane thousand merks Scots money." 

16th April 155. Supplication by James Urchard of Oldcraig as follows : — James, 

I64i. Viscount of Frendraught, James Creichtone of Kinnaird, his father, 

by^mes'^" Gcorgc Crcichtone, his sone, Robert Creichtone of Condland, James 

oiXaig\or Creichtone, his sone. Lord Oliphant, Andrew, Lord Eraser, 

lawburrows Dunbar of Burgie, and William Creichtone, lawful son of the 
Viflcountof 'deceased George Creichtone, uncle to the Laird of Kinnaird, daily 
and"ot^ere^*' trouble and molest the supplicant and his men, tenants and servants in 

who aro their lands, and threaten all sorts of violence and lie in wait for their 

threatening ' i , . , 

and molesting lives, " SO that I nor my tennents cannot posses my lands without 
andhis^*^^ haizard of our lyves nor attend our laufuU effeares." He therefore 
tensints. craves letters to be directed to the messengers of arms for taking his 

oath that he dreads bodily harm, and for charging the said persons to 
find caution for his indemnity. [On the back] " Apiid Edinburgh, 15 
Aprilis, 1647. Fiat ut petitur. The within nameit Vicount of Fren- 
draucht under the pane of fyve thousand merks, the Lord Oliphant and 
Lord Eraser, ilk ane of thame, under the pane of four thousand merks, 
the Laird of Kinnaird, Conland and Burgie, ilk ane of thame, under the 
pane of thrie thousand merks, and ilk ane of the remanent persounes 
under the pane of tuo thousand merks Scotts." 

16th April 156. Supplication by Hew Campbell in Lochingirroch, George Crau- 

Suppiication ^^^^® ^^ Auchiucros, Johne Gemmill in , and John Campbell in 

by Hew PoUosh, as follows : — John Dumbar of Knokschinnoch, John and 

LocWngirroch, Patrick Dumbars, portioners of Pencloy, and George Dumbar in Laight, 
hTwb'urrows'^'^ daily molest and trouble them and their tenants in the possession of 
against John their lands, and threaten violence, and lie in wait for them. They 

Dunbar or 

Knockshin- orave letters for directing messengers of arms to take their oaths that 
others!"^ they dread bodily harm, and for charging the persons complained upon 

to find lawborrows. 

[On the back] '' Apud Edinburgh, 16 Aprilis, 1647. Fiat ut petitur, 

ilk ane of the persounes within complenit upone under the pane of tuo 

thousand merks Scotts/' 



1647. CHAKLES I. I7l 

Miaceiianeoiu 157. Supplication by James M^Millane, stabler in the Canongate, I6th April 
^'^^ and Christian Johnstoun, his wife, as follows : — Thomas Fodderbie of ^^\. . 

, Margaret Huntari his wife, and John, Alexander, and William bv ,^mes °" 
Hunters, sons of the said Margaret, daily trouble and molest the suppli- stebfoH^S^the 
cants and their tenants and servants in the possession of their lands, sOqJ^^*'""** 
that they are hindered in attending their lawful business. They there- Johnstone, his 
fore crave letters to be directed to messengers of arms for taking their i^wbun-ows 
oath that they dread bodily harm, and for charging the said persons to 5^^°®^ 

find lawborrOWS. Fodderbie 

[On the back] " Apud Edinburgh, 16 ApHlis, 1647. Fiat ut petitur,^^ °^''^"* 
ilk ane of the persounes within complenit upone under the pane of ane 
thousand merks.'' 

158. Supplication by Douglas, Lady Kirkcudbrigh. as 5th May 1647. 
follows : — " It haveing pleased God to call f rome this lyflfe the Lord Supplication 
Kirkcudbrigh, my husband, and one M*^Clellan of Borg being to succeed cudbng^t that 
to his estate will reddilie upon notice of my lords death sease upon our Di^frioTbe' 
houses and intromett with anie moneys, writts or others being within, charged to 

at his awne hand, quherby I may be heavilie prejudged unlesse youre?on^her" 
Lordschipe provyde remeid." She craves that warrant be given to the^^J^.^^^^ 
bailies of Dumfries, to take possession of the house of and make «* the money 

and moveables 

inventory of the money and moveable goods therein, and " to putt the therein, 
same in sure firmance within the hous, and that the hous and all that is 
thairin may remaine in the possession of anie your Lordshipe pleaseth 
till in ane orderlie way the writts therin be lookt unto that it may 
appeare how the same is to be disposed off." 

[On the back] " Fiat ut petitur to Foullerton of Carleton, William 
Glendoning and Baillie Corsan or anie tua [of] thame, and discharges 
all others to medle thairin. (Signed) Loudoun, Can"rius, I.P.D. 
Com." 

[Also on the back] "Lady Kirkcudbright, 5 May, 1647." 

159. Summons at the instance of Sir Archibald Johnestoun of 4th June 1647. 
Wariestoune, his Majesty's Advocate, and Eobert Pringle of Blindlie Summons at 

,_,__,., 'I J •,-., , ., ., the instance of 

and John Haliburtone, yoimger of Murehouslaw, narratmg that notwith- Sir Archibald 
standing of the prohibition by law of bearing hagbuts and pistols and wa^ton,° 
convocating of the lieges in arms, on 16th May, 1645, John I^ringle,""^.^^®'^^^ 
sometime of Smailholme, James Pringle of Buckholme, George Pringle, Pnngie of 
his son, James Pringle, sometime of Dewer, James Pringle of Heriotmyln,and othcre^for 
David Pringle, his brother, George Pringle of Newhell, James Pringle, '°^^ng the 
his son, William Pringle in Stow, James Halden in Fallsheittis, }>«>«8es on the 
Eobert Halden, his son, John Loriraer there, William Freir there, John sheiUia and 
Thomesone in Stow, Archibald Lawsone there, James Pringle in Heriot- ^^^^^ ^*'*^^' 
toune, fiichard Lawder and John Stoddert in Criblaw, and others to the 
number of about one hundred persons, *' armed in hostill maner with 
musket, gunes, hors and side pistoUis, corslet, heid peeces and others 



172 REGISTER OF THE COUNCIL. 1647. 

weapons invasive, come to the lands of Over Sbeillis, Criblaw and MisoeiianeooB 

Pherniehist lying in the parishe of Stow possest be the compleners these *^"' 

nyne yeeres bygone be vertiie of good and undoubted rights, brake up 

the doores of the houses of the saidis landis, strake, hurt and woundit 

the tennentis, women and children with blae and bloodie stroakes; as 

also woundit and stroake the reader, being visiteing the. seike their, so 

as he wes not able to visite the seike nor dischai^e his functione; 

houndit, woundit and putt away the tennents goodis of the saids lands, 

thrust them frome the same, distroyed their insight and plenisheing and 

possest themselfes in the saidis landis without anie lawful! warrant, be 

plane bangestery." Charge is therefore given for citing these persons 

to compear before the Council at Edinburgh on , and also to 

cite as witnesses in the case; dated at Edinburgh, 4th June, 

1647, and signed Arch. Primerose, Cler. S. Cons. 

6th and 7th 160. Note of executions on 6th and 7th June, 1647, by Thomas 

kH Murray, messenger, of the immediately preceding summons, against 

executions of (l) Gcoi'ge Pringell of Buckholme, James Pringell, sometime of Dewar, 

ogainst'oeorge James PriugcU of Herriat Mylle, James Hadden in Gallow scheill, 

Buckholme I^obcrt Hadden, his son, William Freir in Nether Barne, John Tomsoun 

andothem/ in Stow, and Richard Lauder and John Stoddert in Cribella, all 

personally apprehended, and George Pringell of Newhall at his dwelling 

house, to compear before the Council at Edinburgh on 10 th June 

instant ; witnesses, Alexander Murray, messenger, and Andrew Tomsone 

in Stow ; and (2) Thomas Bruntoun in Fairniehirst, William Tomsone 

in Bowre, James Scott in Slaknedrowye, William Scott in Knollis, 

[James Scott in Dewar, Howatsoun in Dewar, Thomas Jonstoun 

thair]^ Walter Melon there, John Scott in Gattounsyd, James 

Bowstoun in Westhouses, William Leis in Happring and George 

Jonstoun in Lindgat, all personally apprehended, to compear as witnesses 

in the above cause ; witnesses, Alexander Murray, messenger in Lauder, 

and William Allisoun, servant to the messenger. 

lOthJune 161. "Att Edinburgh, the tent day of Junij, 1647. The quhilk 

Obligation by ^^^ ^^ presence of the Lords of Privie Councell compeired personally 

Sir William Sir Williamc Hamiltoun of Elestoun, and the Counsels pleasur for 

Eiestounanentdischairging the commissioun formerlie given for restraining his pei*soune 

and^sTa^ being intimat unto him, he, to testifie his care and regard for the right 

manadging of his bussines and his estaitt, did willinglie act and obleidge 

himselfe to governe his estaitt and not to sell or dispone upone the 

same or anie pairt thairof, hot be advyce of the Lord Chancellor, the 

Earle of Tweddell, and Lord Balmerino or such as sail have powar from 

thame. JSxtractum" 

^ These names in brackets are deleted. 



1647. CHARLES I. 173 

Miaceii&neoas 162. " Edinburgh, Junij, 1647, James Scott in Slaknodrowch, being June 1647. 
^^^ interrogat wher he was when the ryott ly belli t was committed, declaires Pepo^tions 

, " _ -1, 111 1. iiii ^0 action 

he was two myles of the place and can declare nothing upone the against Jamea 
poynts of lybelL ^r^""^ 

" George Johnstoun in Nather Lindgat deponis conformis. 

*• Williame Leyis in Happringill deponis confo7'mis. 

" Williame Thomesone in Boure depones conformis. 

" James Bowstoun in Wedthousses, being interrogat wher he was that 
day that the defendars possest thameselffis, declaires, he being upone 
the ground thair came to the ground with the defendars particularlie 
contenit in the executions about ane hundreth men, the most part 
thairof horsmen, on of thame haveing ane headpeice, and those that was 
upone horse had musketts, the rest upone foott picks. Declaires they 
brak up ane doore and pat the whoU tennents and thair goods afif the 
ground and removed the wholl plenisching within the house to dorres and 
brak it. He declaires farder that the reider being thair was also put af 
the ground, and thaireftir possest thameselifes in the housses and 
the land. 

" Walter Meaban in Westhousses, being interrogatt ut antea, declaires 
he was also upone the ground that day ly belli t and that thair came to 
the ground with the defendars particularly contenit in the executions 
above iiftie men. Declaires thair was at fewest fourtie horss with swords 
and some of thame pistoUs, and those that war upone foott, some war 
armed with picks and some with lances. Depones also thay brok 
up only ane doore and thaireftir all doores war maid patent, and 
eftir they entered within the houss they put the tennents aff the ground 
and removed the wholl insight and plenisching out of the housses and 
pat the persewar and his tennents goods aff the ground. Declaires 
he saw no stroaks gevin nor blood drawin. Depons he saw the reader 
also ther and was put also af the ground. (Signed) Dundas of that 
Ilk ; R. Gilemb of Morphib." 

163. Supplication by Adam Abircrombie of Auldraine as follows: — 9th July 1647. 
It was his great misfortune to kill George Leith of Newraine, " for Supplication 
which I doe heartilie crave pardone from God and man, yitt his Majestic Abercromby 
being pleased to grant his Hienes remissione to me thairfore, as the foHettera *** 
same of the date at Newcastle, the 12th of November, 1646, P^^ports, ^*^«^J**® 
notwithstanding, as I was evir befoir, I am still yitt willing to give all reiaUves of 
assy tbment to the relict, bairnes and narrest of kin to the partie killed, of Newraine, 
and for that purpose did by Captane Patrik Campbell, ane of CoUonell JaSghtered by 
Pitscotties regiment, my actornay, appoynt ane particular day at Aber- the supplicant, 
dene to have mett with thame for giveing satisfactione, qnhilk wasbe^rHhe 
absolutelie refuised, as instruments takin upone my willingnes and thair ^"J^g^g^y^i,. 
refuisall be the said Captane Patrik Campbell, my actorney foirsaid, in went for the 

, . 5 ^ 1 1 . 1 . i_ V. ir • . • aaid slaughter 

my name heir present to scbaw beires: and semg be his Majesteis modified, 
remissione your Lordships ar appoynted to be the judges of the assyth- 



174 REGISTER OF THE COUNCIL. 1647. 

merit and to decenie thairin incaice of thair refuisall," he therefore craves Miscellaneous 
letters to charge the widow, children, and nearest of kin of the defunct *^"' 
with their tutors and curators, to appear and see the assythement 
modified. 

4th August 164. Summons at the instance of William Garioch, elder in Nomm, 

1647. 

SummonRftt ^^^f^^ting that on 1st June last when the complainer was in the house 
the instance of of the Laird of Craigcvar, Duncan Forbes of Camphell, out of some 
Garioch, elder, prcconceived biit causeless prejudice against him, in a most insolent and 
agidnsTDiincan barbarous Way " sett upone him with ane drawin sword at the yett of 
Forbes of Craigevar, haveiug a full resolutione to tak his lyfe; but, being seperat 
assault. be somie that war standing by, he vowed and swoore be many grievous 

and horrible oaths to be about with the complenar at another occasione. 
Quhairupone the said Duncane Forbies, still taking all advantages to wrong 
the complenar and being informed that he was upone the day of the 
said moneth of Junij last going to Sir Williame Forbes of Monimusks 
hous, he took occasione to direct Williame Forbes, younger of Camp- 
hell, his sone, wher he was, who being commanded and charged be 
his father to prosequute his wicked designes upone the complenar he, in 
a most barbarous and cruell way, sett upon the complenar or he was 
awar, dang him to the ground (being behind his back) upone his face, 
gave him a soar strock thairupone with his steikit neive to the great 
eflfusione of his blood, and eftir he had woundit him he tramped and 
trode upone him as if he had bene a doge, not being able to recover 
nor help himself, quhairthow he left him at the point of death, not 
being able to stur nor move, but wos thaireftir takin up and caried to 
bed, so that he is still bedfast sine to his great and heavy prejudice ; 
quhilk is ane unsuflferable wrong and aught to be examplarlie punished." 
Charge is accordingly given to cite the said Duncan and William Forbes to 
compear before the Council at Edinburgh on , and also for the 

citation of witnesses. Dated at Edinburgh, 4th August, 1647, and 
signed, Arch. Primbrosb, Cler. S. Cons. 

4th November 165. Summons at the instance of Gilbert Kennedy of Ariwillane, 
Summons at ^^^^ating that he has been kept prisoner in the tolbooth of Edinburgh 
the instance of since 22nd July last on the complaint of the provost and bailies of 
Kennedy of Stranrawcr, Mr John M*^Clure, doctor of medicine, and Hew Kennedy of 
^^ilStThe Ariheman that he had come out of the [tolbooth of the] said burgh 
provost of " inorderlie " after being warded therein. Yet the cruth is that he was 

Stranraer and ^ 

others. most wrongfuUy warded by Mr John M^Clure who, having accepted from 

the complainer an assignation to a larger sum due by Sir Kobert Adair 
of Kinhilt, knight, than was required to pay his debt, thereupon 
granted a backbond promising to continue the caption and allow the 
assignation in payment of the debt whenever Sir Bobert paid, and then he 
transacted with Sir Eobert " to qualifie his satisfaction " and " transferrid 
the complenars said assignatioun in his favoures/' Moreover, the com- 



1647. CHARLES I. 175 

MisceiianfioiM plainer obtained letters of suspension of these captions. Charge is 
**^'*' accordingly to be given to these persons complained upon to compear 

before the Council at Edinburgh on and see the complainer put 

to liberty. The summons is dated at Edinburgh, 4th November, 1647, 
and signed Arch. Primrose, Cler. S. Cons. On the margin is noted as 
follows: — "21 Januar, 1648, the defenders absent. The Councel 
ordans Gilbert Kennedie to be put to libertie in so farre as he is wardit 
for the cans lybellit, he first giveing his oath that he cannot find caution 
and than acting himselfe to appeir hetore the Council on Thursday nixt 
under the pane of perjury. (Signed) Cassillis, I.P.D." 

166. "We, minister and elderis, undersubscryveris, doe be thir i4th Novcm- 
presentis testifie and declare that Walter Ross of Innercharroun is|^®'^i6^7. 
heavilie deceased and infirme in bodie through ane vehement payne con- from the 
tracted in his legge this tuo moneth bypast and is bedfast thairbyj^deret""*'^ 
quharbe he is nowayis able to travell nor come to church or markatt. J^*^^"*i?® 

™ . 1 , . XT' 1. 1 1. . 1 i. -wT t that Walter 

Wryttin and subscryvit at Kmcardm, the fourteine day of November, Ross of iner- 
j^vj*' fourtiesevin yearis. (Signed) M"^ H. Munro, minister at Kincar- ^nabie^to * 
dine ; Jo. Eos, ane off the elderis ; Johne Eos, ane of the elderis. I, ^*^®^' 
David Munro, moderator of the pro wince, do trulie testifie the premissis; 
Tho. Eos, ane of the elderis; Tho. Mackenzie ther; Donald Eos 
testifiies the same." 

167. Scrap of paper on which is written as follows: — " The Counsel isth Novem- 
appoynts a frequent mei ting of Counsel to be kept heere upon the is^'^f^'* 

of this moneth for considering the mater of exportatioun of victual and Council to be 
that letters be writtin to the Councellors within distance to keepe thatex^rt^of * ^* 
diet. Cassillis, I.P.D. ^c*«ai. 

Edinburgh, 18 November, 1647 . . . Prseses; Argyll; 
Crafurd Lindsay; Dalhoussie; Angus; Carnegie; Sinclar; 
. . . Burley; Clerk Eegister; Advocate; Dundas; Bogie; 
Lee; Provest of Edinburgh ... as be act of 

Comittee of the 29 of October . . . Edinburgh, 2 Decem- 
ber, 1647 . . . Praeses; Argyll; Crafurd; Eglintoun; 
Glencarne: . . . Advocat; Bogie. 

168. Summons at the instance of Susanna Douglas, widow of James 20th Novem- 
Borthuik, brother of the deceased George Borthuik of Todhills, narrating ^^ ^* 
that Alexander Calderwood and Patrick Johnstoun, bailies of Dalkeith, the instance of 
and Mr Hew Campbell, minister there, have conceived a prejudice ^IJ^i^^ 
against her and caused her to be apprehended and warded in ^^eir j|^^]^^^ 
tolbooth, " and as yitt most unmercifullie detenis hir in prisone in great wick, against 
miserie." Chaise is therefore given to cite these persons complained caMwwood 
upon to compear before the Council on , and also to cite ^g and others. 
witnesses. Dated at Edinburgh, 20th November, 1647, and signed 

Aech. Primerose, Cler. S. Cons. 



176 REGISTEE OF THE COUNCIL 1647. 

24thNovom. 169. Note of execution of the preceding summons on 24th Novem- MiaoeUaneous 
beri647. ^^^.^ 1647, by John Hart, messenger, t^ainst Alexander Calderwood and "^"' 
execution Patrick Haistie, bailies of Dalkeith, and Mr Hew Campbell, minister 
summons. there, all pei^sonally apprehended, to compear before the Council at 

Edinburgh on 25th instant; witnesses, James Andersone, officer in 

Dalkeith, and Alexander Forbes there. 

25th Novem- 170. Summons at the instance of Arthur Forbes at the Mill of Fuchill 

ber 1647. narrating that Alexander Lesly in Biddiefurro, John Gray, sometime 

the instance of quartermaster to Harthill, and William Gordon, outlaw, being causelessly 

tt^em\^'^ prejudiced against the complainer, on 1 646, came to his house, under 

Fuchill against cloud and silcuce of night, which being entered, ''in a barbarous and 

Lesly in uuciviU maucr they took and apprehendit himselfe, being our frie liedge, 

and othera? gavc him mauic cruell and bloodie stroaks and took from him the haill 

weapones perteaning to him within his hous and ane hundreth. punds 

Scotts." Charge is therefore given for citing these persons to compear 

before the Council at Edinburgh on and for citing witnesses ; dated 

at Edinburgh, 25th November, 1647. 

25thNoTem- l7l. Note of execution on 25th November, 1647, by Thomas Bruce, 
". ' messenger, of a summons at the instance of William Garioche, elder, in 
execution of Norum, dated 4th August last, against Duncan Forbes of Campbell, 
th™in8tance personally apprehended. The messenger then passed to William Forbes, 
Garioch*dder y^^^g^^^ ^^ Campbell, and ofifered him a copy, " but he on na wayes wald 
in Norum, accept thairoff but minaced and boasted me with weapones, upone the 
Duncan Korbes quhilk I did cast the said coppie from me subscribit, as said is, to him, 
of CampheiL ^ecaus he wold not suffer me to come neare him." He thus charged 

both to compear before the Council at Edinburgh on 6th January next; 

witnesses, James Cushnie, . notary, William Merser in Meikle Indivie, 

Alexander Forbes, lawful son to the Laird of Leslie, and William Bruce, 

the messenger's son. 

17th December 172. Summons at the instance of Thomas Gray in the Canogait, 

Summons at ^^^rating that on loth June last the complainer was riding peaceably on 

the instance of the highway from Tranent to the Pannes when Thomas Milne, indweller 

in Se^anwi^ iu Lcith, " in a most barbarous and inhumane way, haveing a great 

¥homMMiine i^^^^tagc doge in his companie, bunded him at the complenar, and the 

j^^weiierin dogc havciug drawiu him and his hors to the ground, the said Thomas 

Mylne most cruellie and unmercifullie, haveing his sword drawin in 

his hand gave him four severall great cuttis on the head, wherthrow 

thair was ten severall bones taken out of his harnpann, and gave him 

also another wound in the airme. And eftir he had cutted and wounded 

the complenar in maner foirsaid he agane most inhumainly and 

uncristianlie bunded his doge at him, who most cruellie bitt him in the 

hand wherby ther was tuo sinewis brokin of his hand and 

ane of his airme. As also the said Thomas Mylne and his doge wounded 



1647. CHARLES I. 177 

MiweUAneoiu and bitt the complenar in severall uther partis of his bodie to the 
^^"* effusioun of his blood in great quantitie and great perrill of his lyfe, being 

left upoun the ground almost dead/' Charge is therefore given to cite 
the said Thomas Mylne and witnesses to compear before the Council at 
Edinburgh on ; dated at Edinburgh, 11th December, 

1647, and signed Arch. Primrose, Cler. S. Cons. On the back there 
is a note of the execution on the 18 th December. (See under that date). 

173. Supplication by Walter Eoss of Innercharron and William Koss,i6th Decem- 
his son, as follows : — They have been cited to compear before their Lord- „ ^ ,. ^' . 

Supplicfttion 

ships at the instance of John M^Kenzie of Tarbett, knight baronet ; John by Walter 
Rajs, alias M*Conill, and William Ross, his brother, tenants of the said SjJJron^and' 
Sir John, on a charge of hamesucken upon the said tenants; ^^^d^u^^f^^* 
because of their non-compearance letters of homing have been taken out suspenflioa of 
against them. Now they were not lawfully cited, as though a copy of °™'°^* 
the summons was left at the said Walter Ross's house, it was not delivered 
to him until long after the date of compearing, otherwise they would have 
appeared in their defence. They crave a new day for hearing and 
suspension of the horning till then. [On the back] ''Edinburgh, 15 
December, 1647. Fiat mmnumitio ut petitur to the tuentie-sevint day of 
Januar nixttocum and to suspend and discharge ut infra till last day of 
the samen moneth. Becaus Alexander Ross, tailyeour int he Cannogaite, 
is becum cautioun for the complenars to the effect and for the caus within 
contenit." 

174. Summons at the instance of Walter Ross of Innercharron and Jg^^ i>«»™*»^ 
William Ross, his son, narrating as in the preceding supplication, where- g^^j^^og ^^ 
upon charge is given for citing the said Sir John M^Kenzie and John and ^^^'"li*" « 

JL. ,, ^ 1 • 1 r-* •• rtw % T of Walter RosB 

William Ross to compear before the Council on 27th January next atof lonerchar- 
Edinburgh; dated at Edinburgh, 15th December, 1647, and signed ^pj^i"*'* 
Arch. Primerose, Cler. S. Cons. On the margin is a note of the]^*^^®°^ 
hearing. "Edinburgh, 27th January, 1648 ; Suspender personalie; charger 
be M*^ John Alexander. Walter Ross compeired personalie for himselfe 
and in name of his father for whome he tooke burden. The Councell 
assignes this day 20 dayes to the charger to bring in witnesses to prove 
his lybell and that both parties keepe that diet." 

175. Supplication by Isobel Maxwell, only daughter and heir of Sir i6th December 
John Maxwell of Nether PoUok, knight, and John, Earl of Loudoun, ^^'* . 
High Chancellor of this kingdom, and Margaret, Countess of Loudoun, by £obei ^ 
his spouse, and nearest of kin on the mother'^ side to the said Isobel, as 3JjJJ^hto;and^ 
follows : — " Sir Georg Maxwell, on the ane part, and Sir James Max- j*^J*Jj|xweii 
well of Calderwood, on the uthir pairt, hes takin up the house of Nethirof Nether 
Pollok laitlie ef tir the said umquhil Laird of PoUok hir fathers deceis fhe may be^ 
on thair pretendit tytills and richtis, and seasit on the haill wry tis, ^J^^^^^ 
poisse, Jewells, gold, silvir and haill plenishing, and also taking me, the Coandi in 

VOL. vm. M 



178 REGISTER OF THE COUNCIL. 1647. 

connection 8aid Issobell, his only daughter and aire, and as ritt ane or aither of MiMoiUneou* 

seizure of her tham keipes and deteines me and the sameine, and on thair contestis *^ 

^°""b ^^ severall ryots and complaints, each aganis uthir, depending befor 

Sir GeoTKo your Lordships for keiping, taking up and deteining the said hous and 

Sir James'** haill gudis aboncwrittin. Heirfor we humblie beseich your Lordships 

Caidenliwd. ^ cause exhibitc me in the meane tyme befor your Lordships, only aire 

foirsaid, as also the said chartour kist, haill wryts and evidents, poisses, 

[and] moneyis that your Lordships may take that course as may be 

aggrieable to law and justice for the preserving of my rights and pro- 

tectione of my persone [until it be found] in the ordiner course of justice 

who hes best right tharto that the said aire may no way be prejudgit in 

hir persone nor just rights." [On the back] "Edinburgh, 16 December, 

1647. The Councel ordans Sir George Maxwell [and Sir William 

Cochran^J to exhibit Issobel Maxuel before the Councel this day 14 

dayes under the pane of horning. Cassillis, LP.D. 

16^ December ^^^g u y^^^ undersubscryvcand, appoynted be the Loi-ds of his 

Opinion of Majesties Secreit Councell for reviseing the processes depending betuix 

ted^Trevwi'^ Patrik Martine and AUexander Inglis, and haveing mett and considdered 

the procesaea the Same, wcc find that the said AUexander Inglis did not tymouslie 

between Pat- mak oflFcr of the goods lybellit, conforme to the decreit pronunced 

and Alexander ^.ganes him, as the instruments takin be both parties beares, and the 

Jyfi[^'8i^avour8aid Patrik Mairtine, giveing his oath that the goods lybellit quhilk war 

Patrick. ordaned to be restored to him be the said AUexander Inglis war not the 

same goods quhilks war poyndit be him from the said Patrik Mairtine 

and that they war not receaved be him nor pastured be him nor any 

of his tennents or servands at his command and directioun, it is our 

humble opinione that the pryces thairof consignit in the Clerks hands 

sould be given up to the said Patrik Mairtine and recommends to the 

Councell to modifie such a soume to the said Patrik Mairtine for his 

expensses for his long attendance as the Councell sail think fitting." 

"Edinburgh, 16 December, 1647. The Lords of Secreit Counsell 
approves the report abovewrittin be the subcommittee concerning the 
poynding of the goods lybellit and ordanes the pryces thairof to be 
given up to Patrik Mairtene." 

18th December 177. jfote of execution on 18th December, 1647, by George Gordon, 
Note of a mcsscuger, of a summons at the instance of Thomas Gray in the Canno- 
th™iMteuceofgait against Thomas Mylne, indweller in Leith, at his dwelling house to 
in^Sw^jS!^^. compear before the Council on 21st inst.; witnesses, Walter Muriesone, 
gate against messenger, and John Peirsone in Edinburgh. 

indweller m 

^**^' 178. Summons at the instance of Robert Miller in Lochfute narrating 

jj^^^®®®™^'that he had been in peaceable possession of a croft of land of Lochfute 

with the pertinents in the parish of Lochruttoun for many years past 

> Deleted. 



1647. CHARLES I. 179 

ansceiuneous OD a tock OF rental granted to him on 5th February, 1634, by the Summons at 
^^'^^ deceased Edward Maxwell of Hills, and the deceased John Maxwell, his luftirt M^er 

eldest son, first husband to Elizabeth Logane, alleged liferentrix of the j^^J^St James 
said lands, and now spouse to James Logane in Hills, which tack was Logan in nau 
to endure during the complainer's lifetime. Yet on 29th July last or taking poaws- 
thereby, the said James Logan, accompanied by certain soldiers andJJJJ^^rt's 
others came to the complainer's house, armed with "swords, staves, <^«>'*- 
halberts, polwart axes" and other weapons and "most uncivilly and 
illegally, without anie ordour of law, broak up the complenaris doores, 
took doune his crook, slokned his fyre, and broak the haill insight and 
plenisching within his house and cuist the same to the doore, whereby 
they most unlauf uUie intruded the said James Logane in the possessioun 
therof ; and thairefter most cruellie and unmercifullie stroak and abused 
the complenars wyfe, gave hir many blae stroaks and trailled her be 
the hair of the head to the doore; and eftir they had illegallie removed 
the complenar, his wyfe and familie in maner foirsaid and had put thame 
from thair possessioun, they loked up the doores so as the complenar 
and his familie wer forced to retire to thameselfes to a bame ncir by, 
wher, haveing remained a certane space, and thaireftir the complenar 
finding the doores of his awin hous opin and nobody within the same, 
he repossest himselfe thairin agane by putting his wyfe and familie 
thairunto. Bot, fearing that in the meane tyme the said James Logane 
might privatlie gett decreit of removing, he to prevent the same obtenit 
suspensioun befoir the Lords, quhilk suspensioun was procured befoir 
the committing of the foirsaid violence and was intimat be ane messenger 
to the said James Logane of befoir; as also caused charge him with 
lawborrowes for his indemnitie. Notwithstanding of all, the said James 
Logane, finding the complenar reposest in his awin house, he being 
accompanied agane in maner above writtin with sojours and uthers, his 
complices, being all armed, as said is, they agane in ane most insolent 
and barbaro)is maner . . . most violentlie and illegally ejectit and 
dispossest agane the compleaner, his wyfe and familie from the said 
hous and abused the complenars wyfe agane as they did formerlie; and 
thaireftir loked up the doores so as the complenar was forced agane 
to retire himselfe and familie to the said bame wher he still yitt 
remaines." The said James Logane, not being yet satisfied, immediately 
thereafter, in the complainer's absence, went to the said barn, where his 
wife and children were, seized his brewing caldron and some other goods 
belonging to his wife and children, and carried them off without any 
warrant: and finally in November last he extruded the complainer from 
his own kiln and forced up the doors thereof. Charge is therefore 
given to cite the said James Logan to compear before the Council on 
27th February next, and also the following persons as witnesses, viz., 
John Logane in Armannoche, William Sillie there, John Wilsone, walker 
in Lochfute, John Pott in the Moitt there, James Donnald in Hietis, 
James Mulliegane in the Moit, John Myller there, Robert Gordoun in 



180 REGISTER OF THE COUNCIL 1647. 

Lochruttoun gait and Edward Willsone, messenger at the Bridgend of MiaceUaneoas 
Dumfreis. Dated at Edinburgh 24th December, 1647, and signed ^*^"" 
Akch. Primkkosb, Cler. S. Cons. 

27th December 179 Summons at the instance of James Mochrie, son of the deceased 
Summons at Robert Mochrie in Chapeltoun, who narrates that " it was his great 
the instance misfortune to kill umquhill William Greddin in Gartferrie, for which he 

of James ^ 

Mochrie, M>u doeth heartilic crave pardone from God and man," and that, having 
Robert **^^^ received his Majesty's gracious remission dated 2nd November last on 
Owpe^ton* Condition of his giving satisfaction to the relict, children and neai-est of 
a^inst the kin of the slain man, the amount of which in case of refusal was to be 
of William modified by the Privy Council, he had by Robert Mochrie in My veil, his 
reftwe^to^'^*' attorney made offer of a certain sum of money, which was absolutely 
accept asHvth- refused. Charge is therefore to be given to the widow, children of the 
slaughter of Said William Greddin, and the tutors and curators of the children to 
WiliUiraby Compear before the Council on ; dated at Edinburgh, 27th Decem- 

the said James, ber, 1647, and signed Arch. Primerose, Cler, S. Cons, 

?2S^®f?J^' 180. Execution of summons on 30th December, 1647, and 5th 

Jo47 and 5tn 

January 1648. January, 1648, by John Hart, messenger, at the instance of Gilbert 
Execution of Kcnnidic of Arrewillane, against Hew Kennidie of Arieheman, personally 

BummoDs at ^^ ' * ■' 

the instance apprehended in Edinburgh, and Mr John M^Clure at his dwelling house 

Kennedy of there, to Compear before the Council on 6 th January ; witnesses. Hew 

aSTnst Hew ■^^®' writcF, William Rob, his servitor, Thomas Allan, messenger in 

Kennedy and Edinburgh, and Alexander Forbes there. 

Mr. John ® ' 

M*Clure. 

sist December l^^l. Notes of exccutions by James Jack, messenger, on 3l8t 
1^7. December, 1647, of a summons by James Mochrie, son of the deceased 

exe^t?onsat Robert Mochric in Chepiltoun, (1) gainst Helen Cunyngbrycht, widow 
of JamM*^^* of William Guding in Gartscrowie, James and William Guding, thair 
Mochrie, son children, William Guding and Janet Petigrew, father and mother of the 
Robert ^'^^'^ said William, the two last personally and the three former at their 
Sjape^totT dwelling-house, to compear before the Council on 6th January next ; 
M^inat Helen witnesses, John Andersone, younger in Cudbertstoun and James Mirk 
bricht, widow in Chepiltoun : (2) against the same persons at the market cross of the 
Oreding^in burgh of Ruglcu, as the head burgh of the sheriffdom of Lanrik in 
^^d^oth"!** which they reside; witnesses as above : (3) t^ainst the same persons at 

the market cross of the city and burgh of Glasgow ; witnesses as above ; 

and (4) of intimation hereof to the Laird of Minto, bailie of the regality 

of Glasgow, made in his absence to his lady and servants at his 

dwelling-house in Ferme ; witnesses as above. 

6th January 182. Summons at the instance of Alexander Kaa, servitor to John, 

1fi4S 

Summons at ^^^ ^' Loudoun, Lord High Chancellor of Scotland, and James Haitlie, 
the instance tailor, burgcss of the Cannogaitt, narrating that on 5 th January instant 
Kaa, TOrritor the complaincrs went in a quiet and peaceable manner about 5 o'clock 



1648. CHARLES I. 181 

MiaoaiiMUMHia at night to the dwelling house of John Pollock, shoemaker iu the to the Lord 
^"^ Cannogaitt, and the said Alexander Kaa asked for his servitrix that heand Jmim 

might recover a watch which he had left with her. But John PoUok ^^^ JJ*}ho 
and Marion Sutherford, his spouse, denying that the said servant CanongAte, 
was in the house» used many opprobrious and reproachful speeches p^i^ and ° 
against the complainers, and, because James Haistie reproved them for R^erford 
this, the said Marion lifted a stoup which was standing by and threw ithwapouao, for 
at his face inflicting a sore and cruel wound, to the efihsion of his 
blood and loosening the most purt of his teeth — " the wound being 
so great that it was schewed up with sex or sevin taks of a neidle. 
And efter schoe had committed the said injurie schoe rave a napkine 
out of his hand all full of blood ; and thairefter schoe and hir husband 
schoott the doores upone the complenars and keipt thame a long tyme 
within, so as the said James could not have the benefit of a chirurgian 
to pance him; bot, on the contrare, the said Johne Pollok pulled 
him by the neck avowing to ding out his brains if he offered to stur, and 
thairupone rent his coatt from the hand to his schoulder " ; and he 
was in great hazard of his life from the loss of blood. Charge is 
therefore given for citing these persons to compear before the Council 
on , and also as witnesses ; dated at Edinburgh, 6th 

January, 1648, and signed Arch. Primrose, Cler. S. Cons. 

183. Note of execution by George Stewart, Kintyre pursuivant, on I9th January 
19th January, 1648, of summons at the instance of Alexander Kea andj^^ ^ 
James Haistie (1) against John Pook and Marion Eutherfurd, his execution of 
spouse, at their dwelling house in the Cannogait heid; witnesses, gummons. 
Thomas Hamiltoun and William Jaksoun, stabler in the Cannogait; and 

(2) against Thomas Whytt, John Whytt and Robert Whyt, cutlers in 
Leith Wyndhead, all personally apprehended, to compear before the 
Council on 20 th January instant ; witnesses as above. 

184. Note of execution by James Thome, messenger, of a summons i9th and 24th 
by Arthur Forbes at the Miln of FuthiU, (1) on 19th January, 1648,J^J|^^y ^^^®- 
against Alexander Leslie in Badifourro and John Gray, sometime execution of 
quartermaster to Harthill, both personally apprehended, to compear JhrSsSnce of 
before the Council at Edinburgh on 11th February next; witnesses, Arthur^ortes 
Alexander Leslie of Tullous, John Leslie, brother to the Laird of Kin- Futhiii against 
craigie, James Davidsone iu Keithishauche, and Gilbert Molleisone, LeSieV 
servitor to the messenger; and (2) on 24th January, 1648, against ^j^"~*^<^ 
William Gordon, outlaw, at the market cross of Bamff; witnesses, 

James Pikin and George Micheall, servitors to the messenger for the 
time. 

185. Note of executions by Alexander Gibson, messenger, on 20th 20th January 
January, 1648, of a summons at the instance of Robert Myllar (l)jjotJof 
i^inst James Logan, personally apprehended, to compear before the executions at 



182 REGISTER OF THE COUNCIL 1648. 

the instance Gouncil on 27th January, to see himself ordained to restore goods Musceiianeoas 
Millar against wrongfully taken from the complainer; witnesses, Edward Maxwell, ^"' 
and otiSf^** son-in-law to the said James Logane, and Alexander Hallyday in Nune- 
land ; and (2) against John Logane in Armannoche, William Sillie, his 
servitor there, John Wilsone, walker in Lochef ute, James Sleuame in the 
Moit of Lochefute, James Myllar, weaver there, and James Donnald in 
the Hillis, all personally apprehended ; as also James Mylligane in the 
Moit, John Pott, cordiner there, Robert Grordoun in Lochruttoune gait 
and Edward Roresone, messenger at the Brigend of Drumfreis, at their 
severall dwelling places, to compear before the Council as witnesses in 
the above cause ; witnesses, Thomas Gordoun in Lochefute and William 
MuUiegane there. 

26th January 186. Notc of execution on 25th January, 1648, by Donald Bayne of 
Note of letters of suspension raised at the instance of Walter Ros of Innercharon, 

i?ttera'2?8M *^^ William Ros, his son, against Sir John M^^Kenzie of Terbat, knight, 
pension at the to compear before the Council on ; witnesses, John Kaird and 

Waiteriu>MofNeill Odoradie, servitors to the said Sir John. 

Innercharron 
against Sir 

JohnM'Kenzie 187. Supplication at the instance of Gilbert Kennedy of Ariwillane, 
27th January ^ foUows : — He has been detained prisoner in the tolbooth of Edinburgh 
1648. for the last half year in great misery upon a complaint against him to 

the^fnitance**^^^^'^ Lordships by the provost and bailies of the burgh of Stranrawer, 
of Gilbert Mr. John M^Clure, doctor of medicine, and Hew Kennedy of Ariheman 
Ari^UaUfor of his *' gocing furth of the tolbuithe of the said burghe inordourlie " after 
Iwd in the'^°™ he was lawfully warded at their instance. He had already petitioned 
^Ixwth of their Lordships on several occasions and lately they ordained him to be 
where he lies liberated in so far as he was warded for riot, provided he enacted 
ofthem^r^^^'^self to compear this day, being Thursday, 27th January. This, 
trates of howcver, he cannot do on account of the violence of his adversaries who 

Stranraer and 

others. havc lately raised new captions against him, which may tend to his utter 

ruin, seeing he is secluded from all his means and estate by these courses, 
and he and his wife and children are likely to perish in misery unless 
their Lordships ordain the provost and bailies of Edinburgh to release 
him, and grant him their protection against these new captions. 

27th January 188. " It pleased your Lordships upon our humble supplicatioune to 
Supplication 8^^® ^^^ commissiounc to sundrie gentlemen within our presbiterie of 
^y™ Linlythqw for tryell and for executioune of justice upon sex witches 

Linlithgow for withiu the parochinc of Carriddin, and now, justice being adminstrated 
wnmn^^onfor^P^^ thes,sundrie of them confessing hes delated others who are both in 
^Htehea^TJithin ^^® ^^^ parochen of Carriddin and in other adjacent paroches ; th^rfor 
the bounds of thes againe are humblie to supplicat your Lordships that, according to 
presbytery. ^^^ overturcs of the Geuerall Assemblie set doune upon the 19 of August, 
1643, ane standing comissioune for a certaine tyme may be given from 
your Lordships either to thes gentlemen to whom your Lordships gave 



1648. CHAELES I. 183 

Mtoeeiianeoiu the former cominissioune or to any uthers uuderstanding gentlemen and 
^^^ mi^strates within our presbiterie whom it sail pleas your Lordships to 

nominate and appoint, giving them power to apprehend, try and execute 
justice against such persounes as are guiltie of witchcraft within the 
bounds of our said presbiterie. Expecting your Lordships answer com- 
mends your Lordships and your grave counsalle and deliberatiounes to 
the directioune of God only wisse, rests, your Lordships humbell servantes 
and supplicantes, the bretheren of the presbiterie of Linlythqw and sub- 
scrives in thair name (Signed) M. Pa. Sheills, moderator; M' Ro. 
Bow, cler. presbyt. 

"Edinburgh, 27 January, 1648. The Councel refuiseth the desyre 
of this bill as unreasonabill and contrarie to the ordinarie course kept 
in the lyke caises, hot when any particulars salbe offered concerning anie 
parties guiltines, the comittie will then tak suche [course] as salbe 
agreeable to justice. (Signed) Cassillis, LP.D." 

189. " Edinburgh, 27 January, 1648. John Logane of Armannoch 27th January 
of 20 yeires, sworne, being interrogat, how and in what maner James j^^ itious 
Logane entered the hous lybellit possest be James Miller, persewar, anent the 
depones the said James Logane entered in a peaceable and legall maner whicWames 
to the house and used no kynd of violence aganest the persewars wyf «, {^fhouM oT^ 
bot haveing a messinger of armes with him legallie removed the persewars Ja™®* Miller, 
wyfe, he being absent himselffe for the tyme. Depones that the defender 
was entered to the possessioun long befoir the pursewar raiseit anie 
suspensioun or at leist intimat the same. Depones that at nather of the 
tymes lybellit that thair was any violence committed be the defender or 
anie with him. Depones that the defender took out of the persewars barne 
the caldron lybellit, with two clokis and some uther goods, and thaireftir 
took thame to the mercat croce and pryseit the same for ane unlaw of 
fiftie punds decernit aganes the persewar for a blood committed be him. 

" Johne Wilsone, walker in Lochfuttee, of 24 yeires of age, maried, 
deponis he knawis nothing of the particulars lybellit, only declaires he 
saw ane caldrone, two clocks and some other plenishing lying at the 
barne doore lybellit, bot knowis not who took them out. 

" Johne Pott, cordener in LocKfoott, of 40 yeires, maried, depones 
conformiter to the said Johne Wilsone. 

" Johne Miller, wobster, of fourtie yeires of age, meried, depones he 
saw the defender enter the persewars hous and takk out a pott of itt 
and brak a foott off the pott bot saw no violence done to the persewars 
wyfe ; depones he saw ane caldron and some other plenisching takin 
away be the said defender and these who war with him. 

" James Slowan in the Mott of Lochfutt, of 26 yeires of age, maried, j 

deponis eonformis precederUi in omnibTis, I 

" James Donald in the Hills, of sevintene yeires of age, depones that j 

two troupers broak up the persewars doore bot knowis not thair names | 

and declaires that it was done by the knawledge of the defender, bot 



184 REGISTER OF THE COUNCIL. 1648. 

declaires that he saw him thairef tir and the troupers with him cast out MiMaUjineoiu 
some plenishing out of the house, and that they caried the persewars ^^"' 
wyfe to the doore so that thairef tir for feare shoe fell a sound. Depones, 
he knowis nothing of the rest of the particulars contenit in the lybelL' 
(Signed) Robert Innes of that Ilk. A. Tod." 

leis^®^""*^ 190. "Unto the right honorable the Lords of his Majesties Privy 
plication Couucell the humble petition of us undersubscribers, in name and behalf 



to anenr^^^^ the prcsbytcry of Edinburgh, humbly sheweth. That whereas the 
certain priests said prcsbytcry understandeth there is a great scandall concerning a 
burgh.*^' preist in the Frensh agents house, which preist was also observed to be 
with him at Neucastle and to have said masse diverse times in Gateside, 
it being also observed by the elders of the Cannogate, who search that 
parish, that some knouen papists resort to the said agents house in 
sermon time upon the Lords day, the presbytery likewise understanding 
that the letters of horning given out gainst the Countesse of Nidsdaill 
after her excommunication are not execute, and that there is one 
Mackartone who haunteth in her family whom the presbytery after 
nearer enquiry conceiveth to be a preist. it is therefore our humble 
desire in name of the said presbytery that your Lordships would 
be pleased to interpose your pouer and auctority in a speedy and 
effectual way for removing of these great scandalls, and your Lordships 
ansuer we humbly desire. (Signed) Geo. Gillespie, Mungo Law, 
6. Leslie." 

"3 February, 1648. The Councel haveing considered this desyre 
have thought fit to continow the consideration of the I. article anent 
the Frensh agents preist till this melting of Councel and concerning 
M^Carton the Councel ordans the magistrates of Edinburgh to appre- 
hend him and committ him to prison and the lyke warrand to 
be granted to all other magistrates for apprehending him." 

24th February ^gj Supplication by Charles, Earl of Dunfermline, heretable pro- 
Supplication prietor of the lodging underwritten, and William Seattoun of Meanie, 
^rV^Dun- ^^^ tenant and tacksman thereof, as follows: — On 21st August and 
feriniine, and 9th October, 1647, William Seattoun of Meldrum was put to the 

William 

Seton of horn for not compearing before the Lords to answer at the supplicants' 
tenan^Cfo? instance anent his coming upon the day of May last " under cloud 

tr^Son**' ainst ^^ °^8*^^> being accompanied with ane number of brokin men in ane 
William most insolcnt and barbarous way, with swords, bandit staves and other 

Meldrum, wcapous iuvasivc, to myue the said Earle of Dumfermliue my ludging 
accrwj^of^^ in the old toune of Aberdene whilk was possest be me, the said 
Tioieutiy WiUiame Seattoun, and takin be me of the said Earle of Dumfermline 
rion°ofthe or at Icist of William Seattoun of Minnes, his chalmerlane, and for 
kToid^SS!"^ breaking up of the yettis and durris of the said ludging in ane 
deen. oppressing and maisterfull way, haveing no warrand be ordour of 

law for that effect, intrometting with and awaytaking of myne the said 



1648. CHARLES I. 185 

Miseeiiaiwoiis Earle of Dumfermline my haill writtis, pleniBcbing, silver work and 
^'^^ goods being within the said ludging for the tyme, extending to and 

above the value of sex thousand merks at lenth contenit in the said 
letters as the samen dewlie execute, indorsat and registrat heir present 
to schaw beares," which horning the said William Seattoun of Meldrum 
ignores. They therefore crave letters chaining him to appear before 
the Lords to hear and see letters of treason dii^cted against him 
for rendering his houses and entering in ward in Blackness Castle upon 
his own expenses, or to shew a reasonable cause to the contrary. 
[On the back] "Edinburgh, 24 February, 1648, fiat sumvionUio vt 
petitur" 

192. Supplication by John Peter of Whitslead, advocate, complaining 1st April 1648. 
against Gilbert Lawder, sometime of Whitslead, now portioner of the b*^/Jhn Peter 
lands of Lawder and Bummylne thereof, " who, haveing conceaveit aneot Whitsiend, 
deidlie heatred, malice and evil will causles aganest me, be himself, hisiette^of law. 
bairnes, men, tenents and servants and uthers, his complices, of therQ^{J^jIJ^jj|JJJ^ 
causing, sending, bunding out, command, reseat, assistance and ratiha- aomptime of 
bitioun daylie and continuallie molests, trubles and oppressis me, my whom he ' 
wyfe, bairnes, men, tenents and servants in the peiceable possession, ]J^^^\^g^', 
bruiking and joysing of my lands of Whitslead, tour, housses, yairds,^^®*'^" 
lands of Brighauch, mylne therof , pairts, pendicles and pertinents of the property aud 
samyn, quherin I am heretablie infef t and seasit, and I and my authouris *®"*^"**- 
and predicessouris hes bein in peiceable possession this long tyme 
bygane, lyand within the schireflfdome of Bervick, and of uthers my 
lands and heretages, comes, cattail, goods and geir, eits, stramps doun 
and distroyes my cornes, gras, pasturage, and planting with ther bestial 
and goods, maks comoun rods and pasturages therthrow, casts doun my 
dyks, meithes and merches of the saids lauds, casts and wins turfis, 
devits, fewall and feall, therupon cuts and distroys my growing tries, 
woods, planting and brome, teillis and ryves out ane great pairt of the 
saids lands, intruds themselfs in the possession therof and approprieats 
the samyn to themselfs, intending to mak the samyn altogidder unproffit- 
able to me, and he yit still perseveiring in his deidlie heatred and malice 
aganest me, takeing occasioun of my absence fra the saids lands hes 
leatlie so threatned and bostit my heall tenents therof that they ar not 
able to labour and possess the samyn peiceablic, hot forces them to give 
over the samyn and will suffer non to tak any pairt fra me thairof, 
thinking therby to cast the samyn weast ; daylie shores and boasts to 
bereive us of our lyfes, and lyes at a wait for that effect, and many 
utherwyis molests, trubles and oppresses me and my forsaids by ordour 
of law and justice, not onlie in hie and proud contempt of the authoritie 
and lawes, bot also to my great hurt and prejudice and evill exemple 
to uthers to committ the lyck in tyme cuming without your Lordships 
provyd tymous remeid therto." He, therefore, dreading bodily harm at 
the hands of the said Gilbert Lauder, craves letters charging him to 



186 REGISTEE OF THE COUNCIL 1648. 

find lawborrows for the safety of himself, his wife, children, men^MisoeUaneoas 
tenants and servants, within six days after the chaise. Papers. 

[On the baclc] '' Apud Edinburgh, puiwo Aprilis, 164:8yficU ut pdUnr, 
the within nameit Gilbert Lauder complenit upone under the pane of 
two thousand punds Scottis money." 

S^^ii^til^^' 193. Supplication by Jean Foulles, liferenter of the lands of Or- 
by iean Fouiw cheardfeild, and John Stirline, heritor thereof, and John Robertsone, 
i^iSrt''^'''^b^^r gardener, as follows :— Thomas Young, tailor at the West Port, 
^omaa and Margaret Lourie, his wife, "haveing conceaved some prejudice 

against us, they be thameselfes, thair servands, complices and others in 
thair names, of thair causing, sending and bunding out, not only boast, 
schore and minase to wrong us in our persons bot most unjustlie and 
barbarouslie waist and destroy our young growing trees, eat our gras and 
most illegally to manifest thair evill will and malice against us offer to 
stope a passage from our orcheard to the West Port, whilk hes bene a 
passage uninterrupted past mcmorie of man, whilk undoubtedly they 
will not only faile to doe bot also much prejudge us in our goods and 
wrong us in our persounes without remeid be pi-ovydit." Therefore, 
fearing bodily harm they crave letters to charge these persons to find 
lawborrows under the penalty of a thousand merks, within six days 
after the charge. 

[On the back] " Edinburgh, 29 July, 1648, >i^ ut petitur, ilk ane of 
the persounes within complenit upone under the pane of ane thousand 
merks Scotts money." 



29th August 194 Bond q{ caution by John Leith of Kirktoun of Oyne, for John 
Caution by Leith of HarthiU, that he will keep the peace with the lieges, dated at 
ofTirktounof ^*^^^^"' 29th August, 1648; witnesses, John Cruikschank in Kirktone 
Dyne for John of Oyne, and Georgc Scott. 

Leith of "^ " 

Harthill. 

soth August 195. Supplication by Sir William Cokburne of Langtoun, knight 

* • . baronet, as follows : — He is charged by Dame Helen Elphingstoun to 

ivy Sir WiiiUm find caution and lawborrows in their Lordships' books for the safety of 

LangtwTfOT ^^^ ^"^ ^^^ tenants and servants, under the penalty of ten thousand 

suspension of mcrks. Within six days after the charge. He is willing to find the 

which^o lies Same conform to the Acts of Parliament, whereby he should only 

of DanieHe"en ^^ liable at most in two thousand marks ; also, he has already found 

Eiphinstone. caution as required in the books of Session, and therefore does not 

expect to be ordained to find caution " for my said mother and her 

tennents " in their Lordships' books in addition thereto ; and further, he 

states that he dreads bodily harm from the said Helen. He craves 

suspension of the horning, and the said Helen to be charged to produce 

the letters of horning for that effect. 

[On the back] "Edinburgh, 30 August, 1648. Fiat mmmonitio 
iU petitur to the twelff day of October nixt, and to suspend and 



1648. CHARLES I. 187 

Mv«ceiUneou8 discharge to the 20 day of the same moneth becaus Johne Fortoune 
Papers. ^£ Duysehauch is become caution to the eflfect within conteaned. 

(Signed) Sir J. W. Bogib." 

196. SupplicAtion by James ... in Mord[ing . . . ] as 1648. 
follows: — He was walking quietly about the fields and bounds of Supplication 
Mordingtoun when Robert Sleich, Harry Muirtoun, John Howatsoun,m Mordingtou 
inhabitants in the town of Berwick-on-Tweed, " without any just cause coundr would 
of offence offerit be me persewit and invadit me most fearslie, and JJ^y^J^^J^^I^^.^ 
cruellie woundit me with swords and staiffis to the gryt effusion of my wick to redrea* 
blood, and they, not therwith being content, rydding on horseback did ieJ^^d from 
ryd over me and bruised all [my] body withe thair horses feitt, quherby ^a^^iers!*'^ 
continuallie since syne, now be the space of ane monethe or thairby, 

I am maid unable to sture or doe anything for getting my intertein- 
ment in ane lawfuU maner ; and haveing supplicat the Major of 
Bervick for justice thanes the said persones . . . redrese of my 
wrong, he daylie postpones and deferris to doe the samyne, to my gret 
hurt and utter mine." He therefore requests their Lordships to write 
a letter to the mayor of Berwick to redress the injury, and if he defer 
the same, to cause the said offenders to be apprehended (if they can be 
apprehended in Scottish territory) and to find caution for giving 
satisfaction. 

[Nothing on the back.] 

197. Supplication by Sir James Nicolsone of Cockburnspathe, as c 1648. 
follows: — The bridge at Dunglas mill, lying in the high road and postSoppiJ^tion 
way to and from England, was so ruinous, " that it would not have Nicoiaon of 
failed to have gone away with the first spaitt of rain, and iff the said ^Qent el^Mes 
bridge had bein brok downe by inundatione of watter, as wes apparent !j^J^^*''*P?^"'®^ 
to all that passed by if they had taken inspectione therof , the same the bridge at 
could not have bein built of new againe under the expence of tuell "°^*^ 
hundreth merks, and I, the said Sir James, finding that the said bridge 

wes so ruinous that it could admitt of no delay, did repair the said 
bridge upon my own proper charges and expences, quhich amountit 
and extendit to the soume of four hundreth merks Scotts money, as sail 
be maid apparent befoir your Lordships. Thairfore I beseech your 
Lordships to tak the premisses to your consideratione, having bein 
in latte tymes of trouble wasted, plundered and quartered upon severall 
tymes by the armies in thair marching to and from England, my lands 
lying upon the rod way, quherby I sustained great losse and prejudice, 
and to grant ane act of CounsaU for levying of the said soume of four 
hundreth merks by ane stent to be imposed upon the severall heritors 
of the tuo nixt adjacent paroshes to the said bridge, Oldhampstoks and 
Cockburnspathe, to be uplifted f ra the saids severall heritors by ane 
stent according to the valuatione of the excyse is presently gathered 
for the land excyse, and to cans pay in to me, the said Sir James 



188 REGISTEE OF THE COUNCIL. 1648. 

Nicolsoune, the same, or otherwayes that your Lordships will be pleased Misoeiianeoufl 
to tak some uther effectuall course concerning tlie premisses, and *^"* 
not suflfer me to be ower-burdened beyond my neighbours." 

^- ^^®- 198. Duplicate of the foregoing Supplication. 

c. 1648. 199. Supplication by Mr Gilbert Mowat of Ure, as follows: — He is 

Su^Hcatijm^^^jjj^Pggjj j^|. |.jjg jjjQlj^P^jg Qf |.j^g iiQirQ of the deceased Andrew Mowat, 
Mowat of Ure merchant, indweller in Leith, to pay 5000 merks due by him to the 
for rorae^ ^^^ Said Andrew, of which sum he has already a discharge ; but " in the late 
hemay proved ^r^^^^^s. being forced for his loyaltie to flee from London in anrio 1646, 
to Ireland for he left a trunkc there with severall papers in the house of Duncan Mantoue, 

tho recovery of * *• 

certain papers shocmakcr in the Covent Garden, amongst which were the discharges 
case now'"* of the forsayd fyve thousand merks payed at severall tymes. The sayd 
^''•^Mfhim Duncan shortlie therafter dying, the trunke with the papers and many 
other things wes intrometted with be M' John Traill, now indwellar in 
Irland, and transported thither be him, and now since the sayd petitioner 
to your Lordships is in danger for want of these discharges and papers to 
be denunced his majesteis rebell and cast in prison and consequentlie 
not to hsLvepersoTia standi in judido for recoverie of the small estate left to 
him by his father, and now violentlie possessed by his brother-in-law, 
M' Patrick Oliphant," he therefore craves a protection for some months 
till he may recover the papers " and be in a capacite to pursue his brother- 
in-law for recoverie of his estate." [Marked on the back] *' Delayed." 

<?. 1648. 200. "A Informatione for the honorable Lords of the Secreit 

Counsall concerning the act to be rectified in thes par- 
ticulars following, viz. : — 

informationby First, that the reason of the factorie be deletted. 

Canto? Secundlie, that Sir Luis Steuart and Sir Thomas Jamison's namis 

anent^hU case. ^^^^ ^^ P^^^ ^^^» ^^ ^^^ ^^^^^ ^^^7 ^ °^^ ^^ ^^® qUOrum. 

Thridlie, that I may be pfnmum movens in my owne affaires. 

Fourtlie, that I may have a frie dispositioun of my estate, both in 
propertie and annuelrent. 

Fyftlie, that it expires at the will and the tyme of the mandator. 

The honorable Counsill would command that I may have the ordinarie 
course of justice for the saftie of my persone. 

Also, your Lordships would appoynte M*^ Thomas Nicolsone to 
redelyver my writts. Your Lordships humble servant. (Signed) 
Andrew Cant. 

The honorable Councill would appoynte Sir Luis and Sir Thomas to 
give in their relevant and qualified reasons of this their irrationall and 
uncivill proceiding with me, for, ifif I be ether furious or prodigall 
quherupon inhibitione properlie is served, the burden of probationis lays 
at their doore, quherupoun presentlie befor your Lordships* hearing I shall 



1649. CHARLES I. 189 

MiaoeiUnooaft make aiiswer to them. Qiue qucestio est majis farti quam juris. Your 
^*P*"- Lordships humble servant, M'*' Andrew Cant of Colmistounk." 

201. " The sevinth day of June, 1649, in presence of M' Johne 7t»i J«n« 1W9. \/ 
Makghie, minister of Diriltoun, Alexander Levingtoun 
of Saltcottis, James Borthwick. chamberlane, William 
Ferguson, George Temple, Walter Mairshall, and William 
Daliell. notar. 

Compeered Agnes Clarkson, widow in Diriltoun, prisoner in theConfesaionof 
Castle of Diriltoun, suspect of witchcraft, and confessed that 18 weeks Agnesaark^ 
since or thereby came to the said Agnes her hous in Diriltoun the pyper's ^'Jieton^''* ^^ 
mother in Longuidrie, latelie brunt for a witch, and lodged with tier all 
night, who rysing about the midst of the night did use fearefuU curses and 
execrations, intysing the said Agnes to become the devilFs servant, which 
at that time she would not consent unto : but theref ter she perceived as 
it wer a black wind and mist, wherewith the hous wes filled, wherat 
she wes verie affrayd, and, the said pyper's mother goeing furth of the 
hous in the morning efter, she had continued intysing the said Agnes 
and she still refusing, said ' I shall garre you rew it/ 

Further confessed that the same day, about the dead time of the day, 
came in the devell in the liknesse of a black dun dogge and went up and 
doun tlie hous, and seised upon the said Agnes her cloths, and therafter, 
turning into the liknesse of a black man, had carnall copulation with her ; 
and she did find his nature cold ; also he spoke to her and he desyred 
her to become his servant and she sould want nothing, desyred her to 
renounce God and Christ, and her baptisme, all which she says she hes 
done, and now, ' How shall I gett mercie/ said she : but being interrogat 
of the way of renounceing Christ and baptisme, whether she did it by 
expresse words, answered not, but that she had done it reallie in lying 
with him, and that he wentT not away without his earand : also that be 
gave her a mark at that time in the back side of her left arme beneath 
the elbow, further confessed that he changed her name, called her Nan 
Clark or Nan Clatt, and that he said he would meet with her againe, and 
then went out of the hous as he came in. 

Further, that about a fourteen days agoe there wes a meeting of the 
devill and sundrie others with him upon the green of Diriltoun foranent 
James Nicolson's hous in the twey light, and she hearing a great noise and 
dinne came furth and they all danced thair, the devill appearing among 
them in the liknesse of a black man with a staffe in his hand, wherewith 
he knocked their heads ; she knew none of them but Patrik Watson in 
West Fentoun, his wife Manie Haliburtoun, and Besse Hogge. All the rest 
went away with him doun under the dyks with black heids and danced 
thair with the devill. She came home to her hous ; also the saids Patrik, 
Manie and Besse, as she thinks, went home to Fentoun. 

Further, the said Agnes depones that 8 days since efter the chamberlane 
told her in Marion Temple's hous that he would have her tryedfor witch- 



190 REGISTER OF THE COUNCIL. 1649. 

craft, she went over to West Fentoun and mett with Besse Hogge and MisoeUaneotu 
Manie Halyburtoun and told them at the end of Patrik Watson's hous *^"' 
that the chamberlane had threatened to try her, therfor she sould be 
no soonner seised upon but she sould cans the saids Patrik, Manie, and 
Besse be seised upon also : and that they, when she said this to them 
clapped upon their hippe and mocked her. 

The saids Patrik, Manie and Besse being sent for upon this deposition, 
and severallie confronted with the said Agnes, she did boldlie avow it in 
their faces in presence forsaid. (Signed) J. Makghib, minister at 
Dirilton ; Alex'. Lbvingtone. 

There are also sundrie particulars of malefice oflFered to be made good 
against the said Agnes Clarksone by witnesses. (Signed) J. Makghie, 
minister at Dirilton. 

At Hadintoun, June 13, 1649. 

The Presbytrie, having red and considered the within writen depositions 
and confessions of Agnes Clerksone, find them a sufficient ground for 
supplicating a commission to sitt upon and try the said Agnes. (Signed) 
A. Makghie, Clerk." 

j^mewJ!'^ 202. "At Painstone, 8 Junij, 1649. Quhilk day Agnes Hunter in 
Confession of Painstone, suspect of witchcraft, being examinit be M' Robert Ker, 
Ames Hunter ^^^^ister at Hadingtonc, befifoir Thomas Foullis, Johne Eastone and 
in Penstou. Johnc Baillie, deponit as followes : — 

1. First, coming from Ormestone about ten yeiris since she saw the 
divell in the licknes of ane gentilman and suspectit him to be the devill 
and that he came to hir bot spak nothing nor ofTerrit to touch hir, bot 
went away beffoir hir in the licknes of ane meikle grayhound. 

2. The second tyme the devill appeired to hir at the foot of hir owen 
yaird about fyve yeiris efter in the licknes of ane man in grein cloathes, 
and that he desyrit hir to become his servant ; that she ansuerit quhat 
service could she doe, for she micht not come out at dooris, that 
the devill replyed, *Thow salt never neid to come out bot quhen 
Marion Bichesone comes,' and that she promeisit to become his servant. 
Quherupone he desyrit hir to renunce hir baptisme and Jesus Chryst, 
quhilk she did, and for quhich she is now most greivit, bot cannot 
presentlie remember quhither he had carnall dealling with hir at that 
tyme or not, bot rememberis perfytlie that efterward he did ly with 
hir. 

3. A thrid time she mett with him about half ane yeir eftir in hir 
owen yaird, that he appeared in the liknes of ane black man, and desyrit 
hir to meitt with Marion Bichesone and divers others in Langnudrie in 
Thomas Dicksones hous, and that she asked him quhat rewaird he wold 
give hir and quhat good she sould gait from him, that he ansuered she 
sould gait quhen she came to the meitting with the rest and that at 
this tyme he had carnall dealling with hir, she found him cold, not lyk 
to ane man. 



A. 



1649. CHAELES 1. 191 

MisceUaneotts 4. The fourt tyme she mett with him at Langnidrie, conforme to the 
Papers. former appointment, quher wes with hir Marion Richesone, Marjorie 

Adamsone, Margaret Russell, Margaret Richeson, Margaret Staig and 
another long heigh woman that she doeth not know; that they mett in 
Thomas Dicksones hous (the said Thomas not knowing of thair being 
thair), that thair wes meatt and drink provydit for tham, which they eat 
and drank, that they had ane quart of wyne, that they stayed about 
ane hour and ane half, and that the devill promeised to give tham thair 
rewaird at Pasche. 

5. That the fyft tyme she mett with him wes in that same hous at 
Fastinges even thairefter with the same companie mentionat formerlie 
and that they supped altogither and appointit another meitting at 
Pasche, at quhich tyme he promeisit to give tham thair rewairdis, that 
he appointit tham to devyd companies and that he sould come to 
Painstone and enter hir, the said Agnes, to that companie quhich he 
had in Painstone. 

6. That, at the said tyme of Pasche, he did meitt with hir at Pain- 
stone, quher wes with hir Johne Dicksone, Grissell Andersone, Margaret 
Dicksone, that they wer bot gathering togidder and that Marion 
Richesone came and said, ' God speed,' quherupone the devill vanishit 
away, and they did all pairt." 

"At Painstone, 8 Junij, 1649. Quhilk day Margaret Dicksone, in Confeasion of s/ 
presens of M' Robert Ker, minister of Hadingtone, Thomas Foullis, Margaret ^ 
Johne Eastone, Johne Baillie, deponit as folio wes: — That the occasione j^^^^^ '** 
of hir coming in the snare of the devill wes ane heavie trouble she wes 
in be hir doughters seiknes, for quhoes healling or cuiring she had spent 
all hir meanis, and that, being in great necessitie, she wes expecting hir 
doughter, being now somquhat better, to go out and gather in the 
harvest feild, who refuisit, quherupone she strak hir and said, ' Since 
thow art such a burthen to me, ather God or the devill pairt me and 
the.' That upon this that same nicht about midnicht the devill ap- 
peired to hir and came in to hir bed and lay a quhyll with hir, and 
desyrit hir to become his servant, which she was unwilling to [do] at 
the first, yet he by his farder speiches perswadit hir in the end, quhar 
he had camall dealling with hir, and bad hir forsaik God and tak hirse]f 
to him, quhilk she did, and said she wold come in his will and become 
his servant and renuncit hir baptisme, that he promeised to hir that she 
sould never want, and this was about fyve yeiris since. Deponit that 
he gave hir ane name and called hir Marret, and gave hir ane nip under 
the richt airme quhar thair is ane mark ever since. That he appointit 
to meitt with hir about half ane yeir efter at Nisbot dein heid and 
promeisit to give hir some re\eaird. 

The second tyme he mett with hir at Nisbot dean head, according to 
thair appointment, in the licknes of ane gentilman in grein clothes at 
tuelve hours in the day, quhar he had camall dealling with hir ; that 
she asked for the rewaird he had promeisit to hir bot that be ansuered, 
'Thow salt gait quhen the rest gaitis thairis.' 



192 REGISTER OF THE COUNCIL. 1649. 

The thrid tyme she mett with the devill wes at the gait bank head Miaceiianeous 
of Nisbot ; that she saw Agnes Broune lying betuixt tuo rigges, who 
arose and came to hir and that, quhill they wer meitting the devill 
appeired in the way betuixt them and went to Agnes and imbraeit hir 
in his airmes, that the said Margaret, sieing him dealling thus with the 
said Agnes, left tham and quhat they did moir she knew not. Efter 
this a litle space the said Margaret mett with the devill at the lymekilne 
in the westsyd of the moorshot, that he offerrit to ly with hir and that 
she refuisit, quharupon he strak hir and flang at hir lyk ane beast, 
quherby she became verrie seik and that she never saw him after that 
till she wes heir in Fains tone, quher he fell upon hir in the nicht and 
band doune hir head till she cryed outt, being lyk to be opprest with 
him. That efter this Johne Dicksone came to hir and desyrit to come 
out quher she saw the devill with Johne Dicksone and Johne Weir 
togidder with Issobell Murray, Agnes Hunter, and Grissell Andersone ; 
that they did litle thing, being hinderit be the comming of Marion 
Richesone who bad tham God speed. 

That about half ane yeir since she was at meitting in Gsladsmoor 
quhar the devill with Johne Dicksone, Johne Weir and his wyfe, Marion 
Richesone and they dancit for the space of ane hour. That the devill 
lay with Marion Richesone at that tyme bot with no moe of tham at 
that tyme. 

That she mett with the devill also in Agnes Brounes hous in 
Nisbot. That quhill she was sitting with the said Agnes the devill 
came in to tham and said that he knew not quhicb of tham to turn to. 
That Agnes answered, * Even any of us ye lyk.' Thairupon he turned 
to Agnes who winkit at the said Margaret and bad hir go out, and 
quhill she was going out the devill pulled hir back again and joyned the 
handis of the said Margaret and Agnes and bad tham be good servantis 
to him and they sould not want thair fie quhen the[y] lyked to crave it, 
which they proineised to do. 

That Issobell Johnestone in Nisbot, having ane baime seik, came to 

hir and desyrit to gait some south running water to washe hir chyld in 

and told hir, the said Margaret, that some had bein advysing to 

this and askit at the said Margaret if it would do good. That she bad 

hir assay it, and that the nixt tyme she mett with the devill she askit 

his advyce about it, who had hir fetch that watter and give it to the 

mother of the chyld and directit hir that she sould not use the watter 

to the chyld hirself bot that the mother sould apply the water, onlie 

she, the said Margaret, sould fetch it." 

^teh^nb' " ^^ Hadingtone, 9 Junij, 1649. Quhilk day Issobell Murray, spous 

^ isobei Murray to Johnc Weir, maillmakcr in Fainstone, being put in waird upon ane 

m eiwton. ^Ueclgment of hir being ane witch in presens of M' William Trent, 

minister, Johne Cokburne, proveist, and Fatrick Young, baillie of the 

brugh of Hadingtone, confessit that she hes bein ane servant to the 

devill since Fasche last and that she, lying in hir bed, the spireit toock 



1649. CHARLES L 193 

MMceiiAiMotts hir bed and she walked out of hir hous about t}ie yard and that he was 
*^'*" in the licknes of ane great black dog, and that he nipped her on 

the left shoulder and that she found ane great pain of it, and that 
therefter she retumit homb in the licknes of ane catt and so soone as 
she camb to hir owen hous she returnit to hir owen liknes, quhilk first 
tyme wes upon ane Monday ; and on Tuesday nixt thairefter she came 
to Johne Hamiltone's yaird in Painstone and thair she mett with Johne 
Dicksone, Agnes Hunter, Grissell Andersone, Barbara Purdie, Margaret 
Dicksone, Helen Lausone, Margaret Hog, about tuo houris in the 
morning, and that Marion Bichesone came by and said ' God be with 
you,' and that the devill brack hir airme and fled; and that they had no 
conference with him, and that beffoir they dancet she sat doun on 
hir knees at the said yairdhead and renunced hir baptisme and that he 
gart her cast a stane over hir shoulder and called hir Lisbie and lay 
with hir lyk ane ruch man all black. 

Grissell Andersone, spouse to Alexander Baillie, elder in Painstone, 
being also delaitit for ane put in waird in presens of the foirsaid judges 
abonewreatten "... [This paragraph deleted.] 

"At Hadingtone, 12 JuniJ, 1649. Quhilk day, in presens of M' Deposition by J 
William Trent, minister, John Ay tone and Patrick Young, baillies ][j2usi,^""*^ 
of Hadingtone, George Cockburne, thesaurer, James Borthuick «^nd ^^"JSJ^®^ ^^ 
Patrick Dausone, compeirit Issobell Murray and delaitit Margaret witchcraft. 
• Bartilman, spous to Forrester, and that she wes tua severall 

tymes at meitting with hir and hir neighbouris, the devill being present, 
the first meitting being at that loch called Painstone loch, and Johne 
Dicksone, Marion Bichesone, Grissell Andersone and Margaret Hog and 
Agnes Hunter in Painstone and Barbara Purdie, and that the devill 
toock the said Margaret Bartilman apairt and spak with hir and whither 
he lay with hir or not she knew not. The tyme wes about the first 
weik of Pasche last and our meitting was at or about ane ef ter midnicht, 
and declairit that Grissell Andersone did adverteis hir that nicht to 
meitt hir that nicht and we sould have gotten at our meitting 
our pay. 

And the second tyme that they mett with the same foirsaid persones 
and Margaret Bartilman the said second meitting was within ane weik 
efter the said Pasche last, and the said meitting wes appointit and that 
they called him ' Sir,' the meitting wes at ane pairt called Butter dam 
at ten houris at nicht, and that devill danced among them with Gris- 
sell Andersone in his band and that Margaret Dicksone sang a,t that. 
Lyme, and that quhen he went away the same tyme that he onlie bad 
be with you and that she saw him nocht lie with any of tfaain. 

And she declairit that she wold stand to the confessione that she 
had maid of b^foir in presens of the proveist and M' George Gray, clerk 
to the brugh of Hadingtone, 9 Junij.'* 

"At Hadintoun, June 20, 1649, whilk day the abovewriten deposi- 
tions and confessions of Agnes Hunter in Painstoun, Margaret Diksone 

VOL. VIII. N 



194 REGISTER OF THE COUNCIL. 1649. 

thair, and Isobell Murray their. Find the said depositions and confessiones MiaoeiiMieoiii 
suflScient grounds for suting a commission for trying and examining ^*P*"- 
them according to law. (Signed) A. Makghie, clerk." 

18th Jane 20M. Extract of the Act of the Estatesof Parliament dated at Edinburgh, 

Mr James I3th June, 1649, appointing Mr James Primrose, son of the deceased 
•""intwi James Prymrose, to be sole Clerk of the Privy Council of Scotland for 
eWk of life, and sole writer of the commissions of the justices of peace, in room 

writeTof the of Sir Archibald Prymrose, late Clerk, now deposed. ( Vide Acts of the 
^^^'J^^ Parliaments of Scotland, vol. vL, part iL, p. 410.) 

of Peace. 

June 1649. 204. " At Dirltoun the . . . of [Junij], 1649, in presence 

of Johnne . . . , bailze of Dirltoun, James Levington 

thair, Johne [St]alker in Lairhill thair, James Speir, 

Richard Ferguson, William Hanney and William Daliell. 

burton^*^ Compeirit Manie Halliburton, prisoner within the Castell of Dirlton, 

prinonerin iheeuspect of the Cry me of witchcraft, dilaited guiltie be Agnes Clerkson, 

ton, charsed lait suffcrrar for the said cryme, as also be Patrik Watsone, spous to the 

inth^witch. g^jj Menie, who lykewyse sufTerrit thairfoir, and confessit that auchtein 

yeir syne or thairby, hir dochter being seik, scho first sent for Patrik 

Chrystisone in Aberledie to cum and cure hir dochter, and he refuising 

went herselfif for him, who refused to cure hir, and within dayes 

efter came the divell in licknes of a man in to hir hous, calling himself • 

a phisition, and said to hir that he had goode salves (and namelie oylispek) 

whairwith he wold cure hir dochtir and aggrieing with him for some of 

his salves, quhilk he gave hir. Sho gave him tuo Inglis shillingis. He 

than depairted and promised to come agane within eight dayes, whilk 

accordinglie he did, hot, or he went away the first tyme, she gave him 

milk and breade, and Patrik Watsone comeing in he sent for a pynt of 

ale, hot at his second comeing he stayit all night and upon the mome 

airlie (Patrik being furth) in came the divell and lay doun with her (scho 

being yit in bed) and had carnall copulatioun with hir, his nature being 

cold. He desyirit hir to renounce Christ «nd hir baptisme and become his 

servand, quhilke scho did, and sayes that hir dochter had the wyte of all 

hir woe, wissing scho had nevir bene borne. 

This deposition wes renewed in all the particulars by the said Manie 
in the forsaid place on Sunday the first of July, 1649, before Alexander 

Levingloun of Saltcottis, James Johne Stalker 

. . . William Daliell [noter], M' Johne M^^Ghie, minister at [Dirlton]. 
(Signed) J. Makghie ; Alex' Levingtone, witnes ; Ja. Borthuike ; James 
Lauder ; Johnne Stalker ; W. Daliel ; Villiam Duill ; Walter Marshall.'* 
" July 2, at Hadintoun. Whilk day the Presbyterie having red and 
considered the former depositions and confession of Manie Haliburton, 
find the samyne a sufficient ground for suting the judge competent to 
grant a commission for trying and judging her according to law. (Signed) 
J. Stirling, elk." 



1649. CHAELES I. 195 

U»eeIlan«oas 205. " At Dirlton . . . of . . . jeiria. c; June 1649. '^ 

^^^' The quhilk clay in presencse of Alexander Levingtone of Saltcoitis, Testimonial by 

James Borthuik, chalmerlane of Dirlton, Johne Stalker, bailze thair,^^^^^^*^;^*'* 
James Foinnan [in] Drem, M' James Acheson in Northberuik, and Jo«nd the 
Williame Daliell, notar. Patrik [Watjson in West Fen toun and Menie on Patrick 
Hally burton, his spous, bruited and long suspect [of] witchcraft, of thair ^MrFentouu 
awne frie will uncompellit, heiring that I, Johne Kincaid, undirsubscry- ^*|.J^®'Jj® 
vand, wes in the toun of Dirltone and had some skill and dexteritie in hia spouse. ' 
trying of the divellis marke in the personis of such as wer suspect to 
be witches, came to the broadhall in the Castell of Dirlton and desyired 
me, the said John Kincaid, to use my tryall of thame as I had done on 
utheris, whilk when I had done I fand the divellis marke upon the bak- 
syde of the said Patrik Watson a little under the point of his left shoulder, 
and upon the left syde of the said Meinie Halliburton hir neck a little 
abone hir left shoulder, whairof they wer not sensible, nether came 
furth thairof any bloode efter I had tryed the samen als exactlie as evir I 
did any uthers. This I testifie to be of veritie upon my credite and 
conscience. In witnes quherof I have subscryvit thir presentis [with] 
my hand, day and plaice foiresaid, befoir thir witnesses abonespecifeit. 
(Signed) I: K: Alex' Levingtone, witnes ; W. Daliell, witnes ; Ja. 
Borthuike, witnes ; Johnne Stalker, wittness ; James Forman, witnes ; M. 
J. Achesone, witnes." 

206. *" At Eymouth, the second day of July, 1649. The quhilk 2nd July 1649. ^ 
dayM'Samuell Douglas, M' James Straitone, M' Geoi-ge Home *^nd^njj»^^°^' 
George Halliday, dark to the Sessione, having gon up to Issobell isobei Brown 
Broune after prayer shee confest to them these particullars, viz.: that** yemou . 
sax quarters of ane yeir since the said Issobell wes coming out of 
Berwik at ane low place above Cransmouth, the devill appeared unto 
hir in the liknes of ane great man and offered hir money iff she wald 
consent to be his servantt, quhilk money he laid in hir hand and shee 
cast it from hir. Again she met with him at the sam place and offered 
hir money and promised that shee and hir bairns soiUd never want. A 
third tyme shee met him at the sam place, quher the divell prevaild so 
much with hir that upon his desyr shee renunced hir baptisme and he 
took hir hand and laid it upon hir heid and caused hir give over all 
betuixt hir hand and the earth to him, and he said, ' Now yea ar ane off 
my folkis.' Thus far shee hes confessed. (Signed) M*^ Samuel Douglas, 
minister at Coldinghame ; M. 6. Home, minister at Aitone ; M' James 
Straton, minister at Aymouth ; G. Halliday, dark to the sessioun of 
Eymouth." 

" 5 Julij, 1649. The Estaittis grants commission to Wedderbume, 
elder and younger, Blacader, Suintoun, elder and younger, Patrick Home 
in the Law, William Somervell, Laird of Edintoun, and M' Johne 
Wilke." 



196 REGISTER OF THE COUNCIL 1649* 

8th July 1649. 207. ''The Confessione off Margarit Pobson, July 8, 1649. First, Mueeiianeon* 
Confession of in the morning shee confessed befor Samuell Lawder, Johrie Robisone^^"' 

witchcraft by ▼▼ n. iiii . it* •• 

Marg^ftrot and George Halhday, and lykwayis renewed hir confessione of the same 

Dobson. particullars befor M' Samuell Douglas, minister at Coldinghame, Samuell 

Lauder and Johne Gray; the particullars ar as followis, first, shee deponed 

that about the space of four or five yeir since shee becam the divells 

servand. 

Secondlie, shee deponed that the first appeiring of the divell to hir 
was at young Thomas Broun his bak barn, Issobell Broun and AUisone 
Cairns being with hir [the] divell appeared to hir in the liknes of ane 
great dogg, and then appeared [in] the liknes of ane man, layd his hand 
upon hir head, and speiking to hir [askit hir to re]nunce hir baptisme 
and becom his servand. 

[Thirdlie], shee depones that AUisone Cairns that ... hir 
a pei[ce] off flesh saying it was hair flesh, and declairs that evir since hir 
heart hes bein hard as a stone and deid within hir. 

Fourtly, shee depones that within a quarter of a yeir ef ter the divell 
appeired the second tyme at the bak of the Laird off Wedderburns hous, 
Heilein Tailyear, Issobell Broun and Alisone Cairnes being thair with 
hir ; whair they danced ane hours space ; ef ter that AUisone Cairnes 
went into Thomas Brouns byer in the liknes of ane catt, quherupon ane 
broun kow of Thomas Brouns died on the morrow. 

Fourtly [m], shee deponed that about fourteine dayis befor William 
Burnit his death the abonenamed persons and Beatrix Young with hir 
selff, the divell also being present in the liknes of ane foall, about 
midnight they went all to William [Burnits hous . . . ], going in at 
the bak door weiji throw all the hous and Heilen [Tailyear going?] first, 
with intention to tak William Burnits lyff, but Issobell Broun wold not, 
and that Issobell Broun caried the candill, and when they sindred the 
divell went away rowUing, and that Beatrix Young went up the gait, 

Fyf tlie, shee deponed that a good space after, that shee and the forsaid 
persons, the divell being with thame, had a meitting at the yallow karrs 
under the Forth of Eymouth at midnight, and did dance thair the space 
of ane hour and lykewayes about the cobillis, quher they had intention 
to have done some harm [to] them, but they went not on upon the 
morrow to the sea.. 

Sixtly, shee depones that Allison Cairns and Issobell Broun was 
Thomas Hairs death ; and did rost him to death a long tyme befor he 
died. 

Sevintly, shee declaired that Helene Tailyear was Thomas Steinstons 
death. (Signed) M' Samuel Douglas, minister at Coldinghame ; Johne 
Gray ; S. Lauder ; G. Halliday ; Johne Rbbesone." 

8th July 1649. 208. " The Coufessioun of Helene Tailyear, July 8i 1649, Being 
Confewionof the Sabbath day, M"^ Samuell Douglas, preaching at Eymouth efter 
Helen Taylor, sermon, Hclcin Talyear desyred to speik with the said M' Samuell, who 



1649. CHARLES I. 197 

MiaoeUaneoiu cuming to hir, thair being also present Samuell Lauder and George Halliday, 

apen. ^^^ confesscd these particuUars, viz. First, at Candlemes bygan tuo years 

shee cam into Issobell Brouns hous quher the divell was sitting in the 

liknes of a gentillman at the tabill drinking with Issobell Broun, who 

took hir in [his] airmes, without any moir speaking at that tyme. 

Secondlie, shee declairs that after that she cam to Issobell Brouns 
hous . . . whair the divell was in the same liknes as befor.and 
layd his hand upon hir head and said, * Yea sail be on of myn so long 
as yea live,' and that he giive hir tuo dollers, and when she cam hom 
they wer butt tuo stones. 

Thirdlie, shoe declairs that shee was at ane meitting with Issobell 
Broun, Allison Cairns, Margarit Dobson, and Beatrix Young, and that 
thai all went along to William Bumitts hous, he lying seik, and that, 
coming to the hous, Margarit Dobsone was in the liknes of ane blak hen 
and went in at the chimley heid, and Beatrix Young in the liknes of ane 
littill foal], and that hir selif was in the liknes of ane littill quhelp; 
Issobell Broun was in hir owen liknes with a long taild courtshaw upon 
hir heid, and Allison Cairns was in hir owen liknes, and that Issobell 
Broun desyrcd hir to go into William Burnitts, but shoe refuised, quher- 
upon Essobeli Broun did stryk hir . . . upon the back. 

Fourtly, shee declairs that Marion Robison was ane witch and that 
shee was Williame Burnits death. (Signed) M' Samuel Douglas, 
minister at Coldingham ; S. Lauder ; G. Halliday." 

209. "At Hadingtoun, the 13 July, 1649. 

The quhilk day Margrat Vaith, being wardit within the tolbuith of isth July v 

H[adingtoun] for the cryme of wichcraft, depend and confessit in^ ' 
presens of M' . . . Ker, minister at Hadingtoun, Greorge Pater- witchcraft by 
soun, shireff clerk of H[adingtottn], Johne Pow, Johne Dicksoun andyStch^* 
Richard Whyt, burgesses, that the [first] tyme she met with the devillgjg^^'J^j***® 
wes at the Seneines befor Pash last and that he appeard to her in the Haddington, 
liknes of ane gentlman and desyrit to ly with her, and she refuising, he 
said that the nixt tyme they sould meite they sould not pairt so, and 
the divell appoyntit to meit with her that same day fourtein dayes 
. . . that same place. 

Secundlie, she depend and confessit that accor[ding to thair] 
apoyntment she had ane secund meiting with the [divell at that] same 
place quhair thair first meiting wes, at which tyme the . . . had 
camall dealing with her and that she thought his [nature] cold, and 
that she renuncit her baptisnie and becam his servant and sat doune 
one hir knees and becam his servant. 

This we testifie to be of veritie be thir presentis subscryvit with 
our hands as followes. (Signed) G. Patersone ; Bo. Ker. 

"At Hadingtoun, the 16 day of July, 1649. The quhilk day in 
presens of M' Robert Ker [and . . . ] at Hadingtoun the said 
Margrat Vaith )acknow[lcdged her] former depositiones abonewrittin to 



198 REGISTER OF THE COUNCIL 1649. 

be of veritie, and further confessit that she had ane thrid melting MiaeeUaneoiu 
with the devile at the Byrilaw, and that she saw ane Margarit ^*^"' 
Robertsone in Ha[dingtoun] ane litle space frome her gathering sticks 
and that [the] devill went to her and stayed with her about half ane 
hour or thairby, but quhat they did or said she knew not, and that he 
returnit to her againe and thairef ter went away. (Signed) Ro. Ker ; 
• • • 

John Cokburne . . . 

The Laird of Smeitoun. 

John Aiton, bailzie of Hadingtoun. 

Patrick Young, bailzie thair. 

The Laird of Beinstoun. 

Patrik Hepbume of Munchrig." 

"Hadingtoun, the 18 of July. The presbytery, having read and 
considered the within wretten depositions and confessions of Margaret 
Vaitche in Hadintoune, finds the samin a sufficient ground to sut a 
commissione for trying and judging them according to law. (Signed) 
J. Stirling, clerk." 

1649^"*^* 210. Fragment of the end of a summons dated at Edinburgh, 29th 

Summonii- August, 1649, and signed H. Osbukne " writtin be Tho. Edzer." On 

^<>^^*^^- the back it is docquetted " Summonds Thomas Davidsone corUra Ran- 

Raukine. kine, 1649; Fer Dalrympl to Mowat. Also on the margin is noted 

" Ultimo Febrtiarij, 1650 ^ partHms vt in processa. The Lords reco- 

mendis Toftis and Hairtrie to heir the pairties and to agrie thame gif 

they can ; utherwayes to report." 

uth^Sejtam. 211. "At Kilbarchane 14 September 1649. 

Depositions " ■"•^^ quhilk day M' Hew Peibels, minister at Lochinoch, the said 

against Mnuid parochiuc uot having ane actual minister for the tyme, and keiped 

Gait in Loch- *^ . . ^, ., ® , . ^u i.. i_ • . j 

winnoch, who scssiou in the said paroche, unto the which session was presented ane 
witdbcraft.^' letter of M' Hew Blairs requyring the gentilmen and elders of the 
said paroche to mak ane diligent searche to find out quhat could be 
prowin in the carii^e of Mauld Qalt in relation to witchcraft, charming, 
etc., and what could be fund out in hir cariage from our church 
register, for the quhilk the session had ceited several witnesses quho 
wer neibors and best aquaint with hir conwersation ; who being called 
compeired and solemnlie gave thair oathe whose names and deposi- 
tiones ef ter f oUowes : — 

1. " Wer interrogate whither they evir bard or knew any thing of 
Mauld Gaut hir acts of witchcraft, charming, malicious speitohes, which 
efterward has succes as schoe wisches or promised. 

2. " Whither they knew or hard that schoe had comited any vyle act in 
abusing ane of hir servants with ane peis of clay formed lyk the 
secreit members of ane man or not 

'' Compeired Jonet Sempil, spous to , cordiner thair, hir neiboor 



1649. GHABLES L 199 

MtseenaneoiB about the tjiiie of that alledgit act, who declaired that the serwant so 
^^^ abasset brocht the same pels of clay to hir and reported to hir that 

scho had so dealt with hir. This dittay relevant if it wer prowen, bot 
the testimonye is ex rdatu. 

" Compeired Marion Sempil and, being requyred upon hir oathe, 
deponed that scho cam to Mauld Gait and hir tua women, the ane Nans NonaeoM. 
Mitchel abussed, and Nans Neisbit, the said Nans Mitchel, andMault Gait, 
flytting with thame to cairie the said peis of clay to the Laird of 
Johnstoun, thair maister, was hindered be me, the said Marion SempiL 

"Compeired Margret Arthur and deponed scho was leming at the 
said ^ and I, the said Margret, being delyvired of ane chyld at 

that tyme, the said Nans Mitchel was up with me the said Margret al 
nicht and coming into hir maistres hous Maul Gaits fell a sleip and 
the said MauU abusing hir cam to me weiping and told me all which 
. . . forsaid receued be the forsaid session and subscryvit be me 
. . . dark. This is ex rekUUt but lett Nance Mitchel . . • 
confronted. (Signed) Joseph Tenent, dark to the session.*' 
. . . "4 December, 1649. In presence of M' James Durhame, M' 
Hew Blair, and the elders of M' James sessione being convenit in the 
Blakfreir kirk. 

" Arthour Hammiltoune, merchand, sworne as witnes,deponis that about 
tuentie weiks since or thairby, upon ane Sabothe day, Mauld Gait was 
fund be the said Arthour siting with William Philp his wyfe in 
the entrie to the pulpit, the outer dpr be the quhilk the minister enters 
being schut, and the said Arthur admiring how scho cam in tuik the 
chyre scho sat on in his hand, the quhilk cam asunder, upon the quhilk 
action the said Mauld promisit to win him ane pirn, and imediatlie 
thairefter went out of the church and that the said Arthour sum few 
dayes thairefter tuik ane sueiting and weaknes of bodie, quhilk continewit 
with him the space of sex weiks or thairby, and was most affectit with 
that diseas in the nicht seasson, and also that, after he had drunkin 
with the said Mauld, his diseas decressit daylie and did find himself in 
ane schort tyme weall agane, and also about sex weiks thairefter the said 
deponer, going to Gabriel Wilsone his hous and finding the said Mauld 
thair, scho offerrit to drink to him and said to him that they had beiu 
to long at wariance, the quhilk the said Arthur acceptit of. 

" Catrein Buff, spous to William Philp, saidler, suorne, deponis that 
scho did sie Mauld Gait put hir hand to the dor that enters to the 
pulpit and that it did go up, scho not knowing quhither the said dor 
was lockit by yea or not, and, that ef ter Arthur Hamiltoune had brockin 
Mauld hir chyre, scho went out of the churche bot nather hard nor knew 
furder. 

" Margret Wilsone, spous to Gabriel Wilsone, talyeour, deponis that 
Arthur told hir he was not weill since Mauld Gait hir stoole was brokin 
and that he suat in the nicht seassone and was not weill and that he 
yrald desyre to drink with hir becaus he feirit hir ewill. Upon the quhilk 



200 REGISTER OF THE COUNCIL 1649. 

speitches the said Mauld cam in to the deponers hous, quho with the Misceiiuieous 
said Arthur did drink ane pynt of aill, efter quhilk he grew daylie '^^p*"- 
better. 

"G-abriel Wilsone, talyeour, saorne, deponis that he hard Arthur 
Hamiltoune say that since he put his hand to Mauld Gaits stoole he 
thocht himself unweil, and ay in ane feir and sueitand and nevir weill 
since he fand hir betuixt the dores going into the kirk and that he 
cairit not to drink with hir ; and that Mauld being in the deponers hous, 
Arthur cam in and drank with hir." 

SiMjJ**™' ^^2* " ^''^ September, [1649], Commission against Janet Murray and 

Commission to UthcrS. 

Rwifidaon^and " ^^^ Janaes McluiU ; M' Robert Aytoun of Inchderny ; Alexander 
others in Orrock of that Ilk ; Robert Ged of Baldrig ; and the baillies of Brunt- 
for" itehcraft. iland or the baillies thereof to be chosen for the ensewing yeir ; to be 

commissioners for tryall of Johet Murray in Brunt Iland, Elspeth 

Rannaldsone thair, Agnes Waterstoun thair. 

" 27 September, 1649. Commission given to the said persones against 

the witches underwrittin put in the ordinare forme. Depositions sub- 

scryvit be the ministers of Brunt Iland and Kingorne. Presbitrie of 

Kircaldie." 

c. September 213. . . . " Fyf t[lie] . . . is accusit that being dueland 
^ F rth ^^ ^^® paroche of Kilbarchane . . . Agnes Mitchel, quho was hir 

depositions sorvaud Woman with ane peice of clay formed be hir to the liknes of a 
^^^ *" mans priwie members doing quhat is abominable to think or speik of 
and this being tryed in the paroch of Kilbarchan in the session thairof 
haldin be M' Hew Peibils upon the fourtein day of September last, 
quherby was prowin be thrie witnesses, That the said Agnes Mitchell 
cam to thame with the said clay sua formed, complening of the said in- 
jurie done to hir be the said Mauld and desyring to go to the Laird of 
Johnston, maister of the ground quhair they duelt for the tyme, and was 
hinderit be sum of thame for the abominablness of the said act that it 
sould nevir be hard of, as the extract of the probation under the sub- 
scription of Joseph Tenent, clerk of the session of Kilbarchane, beires. 

" Also accusit that Jonet Mur, spous to Mungo Miller, that nothing 
thrave of hir aill of tua or thrie brewings being als long as roapes that 
nane could drink of it and that dewil have it could thryve of it with hir 
becaus scho tuik the hous fra hir gudman gainst hir will and that 
nothing could thryve with her in it so that scho and his spous went out 
of that hous within ane quarter of ane yeir efter they com to it. 

*' The presbitrie of Glasgow, having seriouslie considerit the piemisseSj 
do earnestlie recommend the same to the rycht honorable the Comite of 
Estaites or Lords of his majesties Priwie Counsil that thair Lordships 
may grant ane comission for trying and punisching thairof as they sal 
find the same to deserwe." 



1649. CHAELES I. 201 

Miseeiunaom 214. "At Gksgow, the 15 day of October, 1649 yeeres. I5th October 

pere- "The quhilk day, M' Hew Blaire and his sessioune being conveinit ' 

with concurrance of M' James Durhame, M' George Young, George against Maud 
Porterfeild, proweist, Williame Dunlop, baillyie, and diverse uther *' 
sessioners being present, compeiret Maid Gait, spous to Johne Dickie, 
Wright, who is accusit of the particulare dittayes of witchcraft under- 
wrytten. 

First, scho is accusit that sho minassit and threatnit evills to fall 
out upon sume of hir neighbours, quhilks fell out accordinglie. 

That quhen Jeane Fisher, spous to umquhill James Stewart, younger, 
merchand burges of Glasgow, befor Witsonday, 1648, had taken ane 
hous in the Briggait belonging to the Laird of Newwark, quher the said 
Johne and Maid dwelt for the tyme, and, Jeane coming to sie the hous, 
the said Maid threatnit, saying, ' Have yea taken this hous over my 
head ; I find yow Grodis brugh, yee sail goe worse out of this hous nor 
yea come to it, and yee are grienand fast to come to it, bot yee sail 
greine fast [to goe out?] of it ' ; and it fell out so that, within halff ane 
yeere efter they come to the hous, the said umquhill James Stewart 
contractit ane dwyning and unkow deseis quherof he diet, and her 
soune, umquhill James Stewart, meltit away also, being ane lywely lyk 
chyld, quhilk the said Maid tuik to hir selff as doer thairof in swa far as 
shoe said that umquhill James Stewart never did thry we efter hee tooke 
her hous over fair head, and he could not thryve ; and lykwyse, the said 
Jeane Fisher being ane tavemer, nothing ever luckit in her hand in 
that hous bot all went back with her that shoe undertooke to goe 
about 

" Maid present denyet the former article. 

" Jeane Fisher, Jonet Moresoune, spous to Alexander Maxvell, mer- 
chand, Issobell Fork, spous to Johne Willsoune, younger, merchand, and 
Hellein Woddrow, spous to Johne Pettigrew, couper, being wamit as 
witnessis, Maid objectit nothing c^inst Jonet Moresoune, and Issobell 
Fork alledgit against Jeane Fisher that sho had sclanderit her name and 
was gatherand witnessis throw the towne against hit and alledgit that 
Hellein Woddrow had her at mallice and wraith. Jeane Fisher declarit 
sho never desyrit any witnes i^ainst her and that sho never spake to 
her bot befor the saids Jonet Moresoune and Hellein Woddrow. Hellein 
Woddrow declares that sho had no mallice against her, and that scho 
never had anything adoe with her. Finds no ground to set them. They 
purgit themselffs of all mallice and ill will . . . they, swome and 
admitit as witnessis, deponis as foUowes: Jonet Moresuun, swome, 
depons that sho went downe with Jeane Fisher to the hous quher Maid 
Gait was dwelland, in Briggait, and that Maid said to Jeane Fisher, * I 
hop to sie her goe war out of the hous nor sho came in and to grein 
faster to goe out of the hous nor sho greinit to come in it' 

" Jeane Fisher, swome as witnes, depdnit that sho went to the hous 
in the Briggait quher Maid dwelt and that Maid said to her, ' Quhat 



202 REGISTER OF THE COUNCIL. 1649. 

needs yow to be swa haistie to come heir; look how faine yea would be MiBoeiUnaons 
•heere ; yea sail be alse faine to goe away againe ' ; and that sho said to ^"^ 
the said Jeane, * Yea sail go war out of it nor yee came to it ' ; 
and depons that within fywe weeks to her entrie to the hous they wer 
inclosit under suspition of the plague for sume weekes and that at 
Mertimes efter thaire entrie to the hous umquhill James Stewart, her 
spous, contractit ane lingring deseis accompaniet with sweiting and 
weaknes, quherof he diet at Candillmea, and that umquhill James 
Stewart, ther soune, of ten quarters old, contract ane deseis and sweitt 
and wastit away and diet within sex weekes efter his fathers deceis; and 
depons that Maid said to her sho hoipit schoe sould never luck nor 
thryve in that hous. Hellein Woddrow, spous to Johne Pettigrew, 
couper, swome, depones that Maid said to Jeane Fisher, ' Is it thow that 
hes taken this hous over my head. Thow greines fast to come to it, bot 
thow sail goe worse out of it nor thow came to it/ Quhilk wordis sho 
spak to them the tyme before sho spake them in the heareing of 
Jonet Moresoune. 

** Issobell Fork, spous to Johne Willsoune, younger, merchand, swome 
as witnes, deponis that Maid said to the deponer, * Alexander 
Maxvell hes set my hous over my head to James Stewart,' and that sho 
said James Stewart he never did weill nor could doe weill becaus he 
tooke the hous over my head. 

" Secundly, shoe is accusit that about fyve yeeres since in Paisley sho 
threatnit ane Jonet Patersoune, spous to Walter Mountgomry in Yocker, 
upon ane discord falling out betwixt her husband and the said Maid, 
and that the said Jonet went home and fell presently seik and meltit 
away bit and bit quhilk shoe became lyk ane stock and diet. 

"Maid denyit the former artickle. 

'^ James and Alexander Patersounes in Yocker and Williame Duncan 
in Blawarthill being warnit as witnessis. Maid declaret that shoe kent 
them not. They sworne and admitit deponis as followes: 

" James Patersoune in Yocker, swome as witnes, depones that he 
and umquhill Walter Mountgomrie and umquhill Jonet Patersoune, 
spous to the said umquhill Walter, being drinkand in Maid Gatis 
hous in Paisley and ane contest being betwixt the said Maid and 
them for ane pynt of aills pryce, and Maid keipand Walter Mount- 
gomeries horsse, ther fell out ane contest betwixt the said umquhill 
Jonet Patersoune, spous to the said umquhill Walter, and the said Maid 
with continuall scalding and flytting ane with other, and the said 
umquhill Jonet, when shoe come home, reportit, and the said umquhill 
Jonet efter her home coming fell seik and meltit away bit and bit 
quhill sho diet and became sensles befor shoe diet. 

" Williame Duncane in Blawarthill, sworne as witnes, depons that he, 
being in companie in Maid Gaits hous in Paisley with James Patersoune, 
umquhill Walter Mountgomerie and umquhill Jonet Patersoune, his 
spous, Maid keepit the said umquhill Walters hors for ane pynt of 



1649. CHAKLES I. 203 

Miflceiiaaaoas aiUs prjce in contest betwixt them and flait and scaldit with the said 
P»p»"- umquhill Jonet Patersoune, spous to the said umquhill Walter, and that 

the said umquhill Jonet comeing home, [the painea of] chyld birth 
come upon her shortlie theref ter, and being delyverd the . . . ane 
lingring eeiknes and became sensles and therefter diet when shoe had 
lyen nyne or ten weekes or therby. 

** Alexander Pattersoune in Yocker, swome as witnes, ^orant. 

'' Thridlie, those [sie] accusit that quheras some persounes in this 
place had fallen out with her and eivills had befallen the saids persounes, 
that Maid tuik the said evills quhilk had fallen out to her selff as 
actrix of them, and said in ane proud insulting way to some three of 
her nighbours that thaire was never ane wrongit her hot sho gat her 
hart sythit on them and gave for instance that littill doddell deame up 
the gait, Johne Auldcome his wyff being meanit thairby, let her take 
lip what shoe wane at hir hand had her with it, quhilk, as it is notour 
that the said Johne Auldcome, who is now deseissit. died of ane disease 
quhilk was not lyke ane ordinar deseise hot as doctours both in Leith 
and at home thought hee was bewitched, being so long sensles in all ; 
and Johne MKTen, who said he sould cans my goodman sell my cour- 
cheifT off my head, let him take up quhat he wan of it, hold him with it, 
the said Johne since being in strait prisone in this place ; threatning the 
saids persounes that they sould goe the same gait iff they wrongit her 
and buire her goodman company. 

" Maid Gait, compeirand befor M' Hew Blaires session upon the 27 
day of Agust last bypast, 1649 yeeres instant, denyit the former 
article. 

" Ninian Darroch, Archibald M^Eey, hammerman, Marioune Daroch, 
spous to the said Archbald, and Marioune Snyp, spous to Johne 
Young, couper, being warnit as witnessis the said 27 day of August 
last bypast, Maid Gait being interrogat what shoe could object i^ainst 
the saids witnesses shoe alledgit that they had her at ill will hot could 
not condiscend upon particulares. 

" Ninian Dorroch, swome and admitit as witnes, purgit himselfe of 
all spleen and malice against the [said] Maid, deponit he heard Maid 
say, ' Never any wrongit me hot I gat my heart sythit of them. The 
doddell deame up by fillit drink to my spous and I have gotten my 
heart sythit of her, let her hold her with it; and for M^Cen that 
thought to cans my husband drink my curchaff off my head I have 
gotten my hearts will of him ' ; and said to the deponer, ' I would you 
wer out of the gait too,' and that sho cursit and banit the deponer and 
all that he might dow and that sho would get her heart sythit of the 
deponer and wissit that he wer out of the way too. 

''Archbald M'Key, sworne as witnes, depons that Maid Gait cursit and 
banit Ninian Darroch, and as Ninian pray it to God sho said, * The divill 
will help yow to work*; and that shoe said, ' Ane littill deame dottell 
up the gait took in my goodman and gave him drink ; look quhat reward 



/ 

/ 
V 



204 REGISTEE OF THE COUNCIL 1649. 

sho hes gotten for the doeing of it ; let her bold her with it ' ; and depones MisceUaneoius 
sho said, 'Johne M^^Cen was myndit to cans my goodman drink all i^*P®"- 
bad and the curchaffe off my head and he was aines out of the gait, and 
I would have yow out of the gait too/ 

" Marioune Darroch, spous to Archbald M^Key, sworne as witnes,depon8 
that Maid Gait cursit and bannit Ninian Darroch, and quhill he prayit 
shoe said, * The devill help yow to worke ill ; may the said Ninian thrywe, 
and that the deponer and hir spous ill might thrywe ; and that shoe said, 
' Thair is none that angers me bot I get my heart sytbit on them ; and 
Johne M^Cen thought to have causit my husband drink my [curtchaff] 
off my head and sie quhat is come to him and that sho said the doddell 
deame ... my husband ay drinkand and sottand and sie quhat 
is come of her and that shoe hopit that sould come off Ninian Darroch 
giff he usit her husbands company. 

" Jonet Hall, relict of umquhill Johne Auldcome, skiner, being wamit 
as witnes to the 15 day of October instant, Maid Gait declares sho 
had nothing to object against her, who, sworne, depones that sho, being 
desyrit by uther wysser nor herselff to send for Maid Gait to her husband 
who was lyeing seeck of ane lingring and ane unkow deseis, and quhilk 
Maid was suspect to have occasionat, the said Maid come in to her 
husband and two in company with her and efter shoe came in sho 
profest, giff it wer in her power, shoe would be willing to set him to his 
foot presentlie, and therefter the said Maid Gait drank to the said 
umquhill Johne Auldcorne, quherupon the said umquhill Johne, who 
had lyne speitchles fra the Twisdey untill that tyme, quhilk was the 
Thursday therefter at alleeven houres, uttered these words, * I thank yow 
guidwyff,' and, takeand the drink frome her, drank it out, efter tHe quhilk 
drink he fell in trembling shortly befor Maid went downe the staire and 
neither spak nor drank any more quhill he diet his death, quhilk yOLS on 
the Fryday therefter. 

" Fourthlie, ther is ane woman namit Elspet Love in this brugh, who, 
coming in suddenly upon the said Maid in her hous, saw her ther alon 
and ane riddle asyd her, quhilk the said Maid was turning about, quher- 
upon the said Elspeth was exceedingly affraid and went her way home, 
bot saw not, being strucken blind. 

"Maid declairet sho had nothing to object against her. 

''Elspeth Love, sworne as witnes, depons that sho, going into Maids hous 
to seik barme at Witsonday, 164S, sho saw the said Maid sitting and 
ane riddell in her hand, and that Maid was turning it about as baimes 
uses to tume ane trunshour, and that the deponer grew af rayet and went 
her way. Extract be M' Archbald Lokis, clerke of session, f urtb of the 
session bookes." 

[Ui^^. 215. "Dilat this day in my , George Hutson, Issobell' 

George HuUon^^^^^» Marion Hutson, Euphame Halibtirtoun, Marion Wood in Yewing- 
and others stouu,' Begis Bathcat in Baijgbie, Jeane Deanes in BraidwOodsyd, AgAJSs 



1649. CHABLES I. 205 

Misceitameonit Marray. The commission to beir with power to the commissioners to delated for 
Papers. ^^^ ^^^ examine them and mak report." witchcraft 

" Agnes Williamson, Helen Deanes, Anna Pilmore, confessors, and in Agnes 
the old commission; [NicoU Stillie, Issobell Stillie (deleted)], confesses ; ][^d^otJ^'' 
Elspeth Baillie in Pilmore, Issobell Richardson there, Elisabeth Lawson^P'®'*****^'^® 

A ' ' crime of 

in Kirkland, also confesses ; George Miltoun, Christian Blek, delat and witchcraft, 
apprehendit ; Patrik Meikkie, Helen Seid, Jonet Wast, Issobell Cathie, 
Jonet Kempe, Susanna Bannyutyne, dilate and to be apprehendit alreddie 
upon band to enter ; Adam Harlaw, Johne Home, Margaret Blak, Helen 
Scharpe, Issobell Cairnes, and utheris dilate and to be apprehendit." 

" Memorandum for Thomas Crumble — To signiiie to my Lord that upon Memorandum 
the old commission the judges wer angrie that it did not carie powr to crombiranent 
them to cause sumond assyse and ilk person under ane penaltie ; and Jo^t™^^ri^| ^f 
that in the commission and the diligation of the persones to be judges and witches, 
thair quorum as former commission of old usit to say, with power to them 
to hald courts, creatis members, as clerk, etc., and to cans cit and con- 
veyne such persones as are knowne to be honest without any suspition 
to pas upon the assyse, ilk person under the pane of ane unlaw of 
thrieskoir pound or fiftie pound. 

Item, to informe my Lord that there are many delet not mentionat in 
Helen Deanes her confession, and thairfor that his Lordship wold get 
out the commission not onlie against these alreddie apprehendit and 
confessing but alse that such as are or sail be delet theiraf ter may be put 
to execution, to save his Lordship from furder trouble and paines." 

"Georg Seaton of Barns; Patrik Broun of Colston, yonger; Francis 
Hepburn of Beinston ; M' John Butler of Kirkland ; Thomas Hallie- 
burton of Edgcamie ; Alexander Borthike of Johnstonburn ; Patrik 
Yong, baillie of Hadinton ; M' Jo. Dougall; [Doctor Hepburne (deleted)] ; 
Archbald Elot in Daurein ; M' Alexander Hay of Baro ; M' 
Abercrombie ; Sir Jo. Sinclare of Harmistoun ; William Seatoun, proveist 
of Hadingtoun.'' 

216. Supplication by Isobel Wilson in Carradin, as follows: — She [Undated, 
has been imprisoned in the tolbooth of upon a false charge^' ^ '^ • 
of witchcraft, and upon her petition their Lordships were pleased to by iLbei 
order her liberation, she finding caution to compear when cited before hisca'Sen^ 
Majesty's Justice. She fears that her former troublers may take it upon 'orderly a 

, . , , 1,1 111 prisoner under 

them to question and annoy her, and, as she has none to speak or plead the charge of 
for her, she prays their Lordships to discharge any from questioning her,^*^ ^"^ ' 
but that, if she is to be questioned, she may be convened before the 
Justice or his deputes, whereby she would have the benefit of advocates 
to plead for her. 

217. Supplication by William and Bobert Monteith, as follows: — [Undated, 
They intend, God willing, to go abroad for business purposes and possibly g ^. 
may make their r^si^ience abroad, and they crave their Lordships* warrant by wiiiiam 



206 REGISTER OF THE COUNCIL. 1649. 

and Robert to the Director of Chancery and his clerks '' for extending ane testificat MUeeiUneotu 
are'aSouiltogo ^^ ^^^ genealogie conteining therin the families quherof we ar discendcd ^"^ 
abroad, that jq the maist ample and large forme, conforme to ane testificat heirwith pro- 
obtain a duced," and the same being written to the great seal that the keeper 



Birthbrief. 



thereof might seal it. 



[Undated, 218. Supplication by William Dowglas and William Vause, soldiers, 

Sup lication " wairdcrs in the tolbuith of the Cannogaite," as follows : — Upon their 
by William former supplication for relief out of their ward in which they had remained 
WiUum Vause, since Lammas last in great distress and misery, Thomas Bobiesone, 
toiSx)tho/the J^^^®^ ^^ ^^® Cannogaite, was ordained either to hand them over to some 
Canongate, captain for service in the wars upon his payins for their maintenance in 

that they may *^_ «.ii.!.«.«-,i t m« 

bereiieTed Ward, or to consent to their release, before Ist March thereafter. That 

preeent ward. ^^^ ^^ now past and they cannot obtain their liberty, but remain in ward, 

alike unprofitable to the said Thomas and themselves. They crave their 

Lordships to pity their hard and miserable state, and to ordain the 

bailies of the Cannogait to liberate them. 

t^J^*®^» 219. Supplication by the feuars, wadsetters and indwellers within 

plication ^^® lordships of Balveuic, as follows : — For several years past " we have 



wadMtte"*"' monie tymes suffered dyvers oppressiones and rj'otts, boith in our bodies, 
and indwellers guids and gcir, as also by rawishinge of our women, maried and un- 
lordship of maried, by certane sawadge, laules and broken men of the Clangregor 
Se OouncS** ^"^ ^^^^^ accomplishes conjoynit with them in felloushipe," and they 
would take have been forced to take arms in self-defence and to keep nightly and 
the^uppiiotnts daily watches in force. Being unable to continue the strain of this 
oT'Se^^cian'* throughout the winter, they had recourse to the Marquis of Huntlie 
Gregor. for his assistaucc, and he immediately ordered his vassals nearest to 

them to assist. They have thereby in a manner expelled their assailants 
and gained a breathing time, but they are daily threatened with a 
greater invasion, which, without their Lordships assistance, they will 
not be able to resist, seeing they " are ane confuisit multitud of fewers 
and yeomane, not haiffing ane superior nor ane man of respect to follow, 
quhilk maks us ane pryse to all broken men." Further, notwithstand- 
ing of these oppressions, several of the petitioners were fined at the 
committees held last year in Elgin for intercommuning with these 
raiders ; though it was because these savage men took several of the 
countrymen prisoners and held them to ransom. And now recently, on 
9th January last, they oppressed "ane sufficient gentillman," John 
Stewartt of Ardbrak, in his own house for refusing to give them money 
and weapons, seized and wounded him to the great effusion of his blood, 
spoiled his house, and, when he fled to the kirk for safety, " they 
braischit the kirk dores and brak the haill viudowes of the kirk." 
They crave their Lordships to take consideration of the miserable 
conditions under which they live and take steps for their security. 
Addressed on the back, '^ For Alexander Lesley, wrytter in Edinburgh, 
thes." 



1649. CHARLES L 207. 

Miseeiianaoaft 220. Supplication by Sir William Hamil tonne of Elistoune, as e. 1649. 
^^*^ follows : — Upon misinformation there was an act of Council passed for s^pj?^'®;^®? 

, . , . , . , . . by bir William 

securmg his person and managing his estate, ''which act, as most Hamilton of 
groundles and unjust, was by your Lordships rescindit, and I, at your Jc^*o?'(^u*^^^^ 
Lordships desyr, obleiged myself by a small paper to gyde and manage ^^J '*^"n ^nj 
my estate be the advyce of my Lord Chancellor, the Earle of Tuadell mamiging his 
and my Lord Balmerino, which paper I could not by any law have bein Snceiiwi.^ ^ 
urged or compelled to subscryve, neither wold I ever have condescendit 
so to doe, if it had not bein for the great trust that I reposed in the 
saidis Lords, being confident that they wold therafter, upon my demand 
at any tyme, cancell the same. And now sieing I hope it is sufficiently 
manifest to your Lordships that the allegations formerlie made against 
me, which wer the ocasion of demanding the said paper, ar most false 
and unjust, therfor I humblie desyr that the forsaid nott, which is most 
prejudiciall to mo, my credit and effairs, may be cancellit and no illegall 
and unusuall tye putt upon me, and I may be reponit to my owne place 
as if the samen had never bein givin." 

221. Supplication by Dame Kacharene Swyntoun, Lady Westnisbet, [Undated, 
as follows: — Her husband's creditors, in the name of William Monteitha .... 

Supplication 

of Carriber, also one of his creditors, having procured their Lordship's ^ fiame 
letters against her for rendering the house of Sumiltounlaw under the Swinton"\ady 
pain of treason, she upon complaining obtained a suspension thereof ^^^*J^^' 
until 17 th January next; " aganes the quhilk suspensioun the saids be permitted 
creditors hes raisit ane sumonds p'evento termino, and hes summond me the house of 
to this day for that effect ; and the saids creditors, not contenting thame- ^m*wh?ch**' 
selfiswith the estait, lands, baronie and leivingof Westnisbet perteining ^«' <^«?^»*^ 
to my said husband, quherof thay ar alreddy in possession, not only of her. 
the manor place, houses, yairds and pertinents therof, bot also of the 
resaving and uplifting of the mailles,rentis and dew ties therof, as is manifest 
and notour, bot thay in all rigour hes enterit in upoun me be thameselfis 
and uthers in thair names at thair command in the said hous of Eumil- 
tounlaw, quhilk wes acquyrit be my meanes, and that littill corne quhilk 
I be my Industrie and help of freinds in absence of my spous had 
labourit, sawin and brocht to the barneyairds of liumiltoun, thay have 
mellit and intromettit thairwith and uses all meanes, not only to put 
me altogidder to the duires now in the dead tyme of winter, I having 
no uther residence, bot also to mak me sterve for famine, I having no 
uther meanes to interteny myself with bet the saids littill cornes, quhilk 
is now in the said barne and barneyaird of Eumiltounlaw, intromettit 
with, as said is ; albeit the saidis creditouris wer anes willing and content 
to geve me ane yeirlie portioun out of the said estait for my aliement 
and intertenyment, quhairthrow I am in ane hard estait and conditioun 
without your Lordships tak pitie and consideratioun thairof." She 
therefore craves permission to dwell and reside in the said house of 
Rumiltounlaw during such a period as the Lords will allow, with power 



208 



REGISTEE OF THE COUNCIL 



1649. 



to use the corn presently in the barn and barnyard of Bumiltoun for her MiaeeUaneous 
sustenance, " and that in tyme cumyng it will pleis your Lordships to ^*p®"- 
move the saids creditouris to grant ane yeirlie portioun to me out of the 
said estait for my aliement and intertenyment for the causes forsaids." 



[Undated, 
c. 1649.] 

Supplication 
b^ Dame 
Katherine 
Swinton, Lady 
Niflbet, for 
maintenance 
out of the 
estate of 
Rnmiltonlaw, 
which has been 
seized by her 
hufiband's 
creditors. 



222. Supplication by Dame Kaithrin Swyntone, Lady Nisbit, as 
follows : — ^The creditors of Sir Alexander Nisbit, her husband, " haveing 
not onlie purchaised letters for medling with these comes sawin and 
schorne be my privat credit upon the maines of Eumltonlaw, but also 
having letters for removeing me from the house therof under the paine 
of treasone, quhilkis letters of removeing, being therefter suspendit be 
your Lordships and the same suspensioun being callit, the creditoris and 
I wer apoyntit be your Lordships to meit befor the Earle of Southask 
and the Lord Begister, gif sua the buissnes micht the better accomodat, 
quherin I, haveing not onlie at first willinglie offered what was prestable 
be me to consolidat the richt of my said husbandis estait in the favouris 
of the creditoris, but therefter (by motion from your Lordships) to 
secuire thair furder feiris, I prevailed so with sume of my freindis to 
become suirtie for what I offered ; notwithstanding they have still 
refuisit to consent to ony thing unless I wold purchese my said hus- 
bandis consent, quhilk is notar to the most pairt of thame and to all 
knowis my conditione that the samyne is not facible be me ; heirfoir 
in respect of the considerable sowme of ane hundreth thowsand merkis 
got be my said husband by me swa that I may justlie be esteimed the 
most considerable creditor (now in the hardest conditione of any of 
thame), quherof thair hes bein diverse precedentis in law evicted in the 
lyk caice, quhilk onlie my present necessitie baris me to prosecuit 
against the confluence of so powerfull pairties, as also in respect it was 
notour to the most pairt of the saidis creditoris how lairg a conjunctfie 
was secuired to me for the same meanis ; thairfoir I humblie beseik, since 
your Lordships can onlie moderat the hard usage of a distressed laidie 
and sevin children and schelter thame from the pinching calamities of 
the pressing creditoris, your Lordships wold allow sume considerable 
maintenance of the forsaid estait upon me, and, if your Lordships sail 
find it fit quhat now salbe allowed to me, I salbe content to rebait 
alsmeikle yeirlie in thair favouris of my said conjunctfie gif swa it pleis 
God I come be the same.** 



[Undated, 
e, 1649.] 
Supplication 
by the com- 
missioners of 
tlie burgh of 
Aberdeen for 
the diabaudiu^ 
of troops 

Quartered in 
tie said 
burgh or for 
the payment 
of their main- 
tenance. 



223. Supplication by the commissioners of the burgh of Aberdein, as 
follows : — The regiment of Lord Sinclair has been quartered upon them 
for the last fifteen months, and since the disbanding of the army in 
England without any allowance therefore, to the great injury and ruin 
of the inhabitants, and also entailing a useless charge to the public of 
over 10,000 merks monthly, without any services rendered. They 
therefore crave that their Lordships would take some course ; for 
paying what is due to the inhabitants and either disband the said regiment 
or remove it somewhere else to the southward. 



1649. CHARLES I. 209 

Btiaoeiiaiieoas 224. IlemonstraDce by Sir James Hope to the Lords of Secret [Undated, 
^^^^^ Council : — " May it pleas your Lordships to take to your consideratione^^^^*-^ 

the great skarcetie of copper coyne quhairunto this kingdome wes redacted by sir James 
of late throw the decrying of the small turnouris coyned be vertew of J^hShhe 
the warrand granted be his Majestic to the umquhill Erie of Stirling, ^^^^*'**^* 
the quhich skarcetie is in no considerable measure yett removed throw be granted for 
the quan title of the coper coyned be vertew of your Lordships winageT^^' 
warrandis granted since that tyme, and that in respect the turnouris 
now coyned, being by your Lordships ordinance of about sevin tymes 
we^htier then these utheris, a small number of these respective doe 
extend to the quantities of coper ordinarly conteined in your Lordships 
warrands; and the skarcetie of copper coyne, thoghe it be not so 
apparent in this toune quhair the samyne is first vented from the Mintt, 
yett in uther places of the kingdome, whither the samyne is not yett 
fullie dispersed, it is most evident throw the daylie complaint of the 
leiges thairanent, as possiblie some of the honorabill members of this judi- 
catorie can testifie ; and thairfoir that your Lordships wold be pleased to 
grant ane new warrand for coynage of the lyke quantitie of coper 
of the samyne weight and impression and according to the forme 
and tenor of your Lordships former warrands. And your Lordships 
answer." 

225. Supplication by the same, as follows: — "May it pleas your Supplication 
Lordships to take to your consideratione that the skarcitie of coper tife^an**"* ^ 
coyne within this kingdome (occationed throw the late decrying of the®^®^** 
small turners coyned be vertew of his Majesties warrand granted to the 
umquhill Erie of Stirling) being not yet fullie repared by the warrands 
granted be your Lordships since that tyme, in respect that one of the 
turners now coyned wyand neirby eight of those uthers, few of them 
goes to a great weight, so that the quantities conteined in your Lord- 
ships late warrands, howbeit at the first vew they appeare to be greate, 
yet being compared with the former warrands granted to the lyke etfect 
of befoir, frequencie therof, and quantities therin conteined, thir are 
nothing considerable in respect of those, nather wold this skarcitie of 
coper coyne be judged from what is current in Edinburgh or in the 
places neir adjacent therto in respect of their vicinitie \o the Mintt 
quher what is ishewed forth therof is alwayes first vented and outed 
(thoghe even in these places also ther be no great abundance) bot rather 
from the places more remote, whither the samyne cannot be dispersed in 
a sudane, and quher for the present ther is almost nothing to be found 
bot a comon and generall complaint of the leiges for the skarcity therof, 
as severall members of this honorable judicatorie can witnes; and 
thairfoir that your Lordships wold be pleased to grant ane new 
warrand for coyning of the lyke quantitie of coper, of the lyke forme, 
weight, and impressione, as wes conteined in your Lordships former 
warrands." 

vou vni. 



210 



REGISTER OF THE COUNCIL. 



1649-50. 



c. i649-i(i60. 22t>. " instructiounes. — As your letter with your secretarie desyred Miaoeiianeou* 
j2^c*»on* *o the retume of our directiounes, so upon the consideratioun of your ^"" 
Bionera Bent to papers and his relatioun and of the doubtes and objectiounes that did 
prior to hi's occuTre theranent, wee desyre and require yow, for preventing of mis- 
®^^^ takes and procureing a r^ht understanding betuix his Majestie and this 
kingdome and church by bis deare satisfactioune to their necessarie 
desyres, to give in the four demands as they are revised according to 
your former instructiones and heirwith sent unto you, and to doe your 
outmost endeavours for obtaneing bis Majesties positive grant thairof 
according to the frame heirwith sent or else to seik and obtaine from 
his majestie the positive grant of all these four demandes in terminis be 
way of explanatioun of his Majesteis former grantes, as that which onlie 
can be satisfactorie to this kirk and kingdome and which is the faithfull 
advyce of his Parliament and of the Commissioune of the Church, which 
his Majestie by his letter promised to follow, and which for many 
reasounes is much more convenient that his Majestie sould grant to 
yow before or at his landing, then to come hither without the satisfac- 
tours desyred, and thereby not onlie impead that joy and chearefuUnes 
quherwith all his good subjectes desyres to receave his Majesty, bot also 
delay his coronatioun and necessitate this church and kingdome to 
declarationes which be very inconvenient to him and to them. Yow 
shall lykewayes comunicate to his Majestie in quhat sense and meaning 
and with quhat explanatiounes we onlie can and doe agrie to the paper 
of invitatioun and assureance gevin to his Majestie at Breda, that his 
Majestie may be tymeouslie acquainted therewith. You shall accordinglie 
to your former instructioun desyre his Majestie to leave behind him all 
those persounes who wer excluded by the propositiounes of both king- 
domes or againes whom this kingdome hath just cans of exceptioun, and 
yow shall show and dedair that, if they be fund within this kingdome, 
they cannot remaine heirin with secuiritie. And seing by the large treatie 
and be the propositiounes of both kingdomes these that are debarred be 
the Parliament from places of publict trust are also debarred from haveing 
access to the Kinges Majesteis persoune or from comeing within the 
verge of the Court, thairf or yow are to show to his Majestie, and with all 
in name of the Parliament of this kingdome, yow are to discharge and 
not to permitt all persounes that falles within the first or second classe of 
the Act of Classes made at S^ Androis, 1646, and at Edinburgh, 1649, 
dureing the respective tymes therein conteinet, from haveing access to 
his majesteis persoune or comeing within the verge of the Court with- 
out the express warrand of the Parliament/' 



5th February 
1S60. 

Summons at 
tiie iiiBtance 
of Patrick 
Chapmao, 
tenant of Sir 
Peter Hay of 



227. Summons at the instance of Patrick Chapman, tenant of Sir 
Peter Hay of Megginsch, and the said Sir Peter for his interest, nar- 
rating that " everie other night this half yeir bygane thair hes bene 
stoUin and takin away great numbers of geis and duikis from about the 
said Sir Piter and the complenars houses, wherof he could nevir gett 



1650. CHARLES I. 211 

Mi9o«iuneoa3 anie trjell or who war the steillers thairof, till of late that the said Me^nch, 
Pnpen. Piter Chapman, complenar, being watchiDg about his maisters and hisgShtin '^^^ 

awin housses, upone the ellevint of December last at ten houi-es at^'P*"^*®- 
night, knowing that that was the accustomed tyme when they war 
stoUin and takin away, trew it is that [Patrik]^ David Slicht in Kil- 
spindie, who is now knowin to be the stealler thairof formerly, was 
takin and apprehendit be the complenar with two geis and ane duik 
takin and killed be him, wherewith he was goeing privatly away; and eftir 
the complenar had apprehendit him, he stryveing to escaip out of the 
complenars grips he most cruellie and unmercifully, unawars of the 
complenar, stroak him with a durk throw the left airme to the effusioun 
of his blood in great quantitie, thinking to have struckin him throw 
the heart and killed him deid, by the which stroak he maid ane escaip 
and fled away that night from the complenar, and sensyne has committed 
sundrie insolences upone him and his said maisters tennents to thair 
heavie prejudice." Charge is therefore given for citing the said David 
Slicht to compear before the Council on ; dated at Edinburgh, 

5th February, 1650, and signed Ja. Prtmerose. 

228. "Articles pi-oven and confessed apon the lybell given in 26th Fobrnary y/' 

against Margaret Finlasoun. 

1. There being discord betwixt Maigarat Finlasoune and EobertArticiw proven 
Patersone, miliar of Blauarthill mill, the said Margarat vented and JS^tiS ubST' 
uttered sundrie threatnings and cursed both him and his wyfe, saying g^^^J." 
the devill grind him as small as gun ponder amongst the mill wheeles, Margaret 
and threatned that shoe should garr him sweat at the shill of the '" ^*°°' 
forrat and doe him ane evill turn and he should never witt how ; and in 
the meane tym, while shoe was cursing and the mill grinding, the mill- 
stone did leap off the reine. And, this discord still continueing, about ane 
yeare therafter the said Robert did finde in his yard something lyke a 
putch tyed together with stringes of three sundrie coloures and within 
it three coloures of worsat, a baneprick and ane lead broach and turned 
it over with his foot and cam in and told his wyfe that he had found 
something in the yard, and shoe, suspecting it to be some of Margarat 
Finlasounes witchcraft, would have been furth to have burnt it, but hire 
said husband stayed hire till the mome, at quhich tym he and shoo 
went foorth together, and shoe took it up and opened it and laid it up 
in hire house, and immediately the said Bobert took a Strang and uncow 
disease, sometymes trembling for cold, and uthere tymes as he had been 
rested betuixt tua fyres, crying to cast cold water on him, and said as if 
he had been pricked with elsines and was heard say that he hade gotten 
ane drink of milk from Margaret Finlasoune which never went from his 
heart therafter. This disease continued with him in this Strang 
manner for about the space of half ane yeare. And in the tyme of his 

1 Deleted. 



212 REGISTER OF THE COUNCIL 1650. 

sicknes, being once goeing to the Yoker, the said Margarat FinlasouneMisoeUanaous 
crossed his way three tymes, and himself was heard compleane of hire ^"' 
that he could never be quyt of hire, for he had laboured to goe out of 
hire gate, but, goe quher he lykit, shoe had crossed the gate thryce upon 
him. And all this space of the half yeare forsaid the said Roberts wyfe, 
haveing kept the poutch with the colours of yairn, etc., some gave hire 
advyce to burn it, qhich shoe did, and it craked in the fyre lyk great 
salt and within 2 dayes the said Robert died. 

2. In harvest last after that John Yrone had refused the leane of a kreell 
of peats to Margarat Finlasounes husband and hire sonne, about 4 or 5 
dayes therafter the said Margarat Finlasone cam in to John Yrones 
house to his wyfe, who was never knowne to be a semister, nor never 
made a mutch to one of hire owne bairnes, and brought hire a mutch to 
make for one of hire bairnes, and bade hire try it one one hire yongest 
bairnes head, for shoe said if it gained hire bairne it would gaine hires, 
quhich the said John Yronea wyfe did and made the mutch to hire, 
suspecting hire of witchcraft, durst not refuse ; and in the meanetyme 
that shoe was giveing hire the mutch to make, another of the said John 
Yrona bairnes tooke up a locke green yairne which the said Margarat 
hade letten fall, and the childs mother took it and delyvered it to the 
said Margarat, which shoe receaved and did let fall at the doore againe ; 
and the said Johns wyfe, knowing it, brought it in and hung it up in 
hire house. And the same night both the child that had the mutch tryed 
one and the child that had taken up the yairne tooke a verie Strang lyke 
disease and were sometymes as they hade been rested, and that same 
night that they beguth to recover, quhich was 4 or 5 dayes after they 
took the forsaid sicknes, ther father, John Yrone, took this selfsame 
disease and keeped it for the space of 7 or 8 weeks in great extremitie. 
And after he beguth to recover, he, suspecting the said Margarat both for 
his owne sicknes and his bairnes caused some of his nighbours deale with 
hire to aggrie with him and came himself and begged his health and 
offered hire money, but she refused to gree with his wyfe and said 
shoe should have amends of hire ; quherupon he and shoe did not agree 
at all, as apeares by hire often threatning them that shoe should have 
amends of them, and cursing of them. And, not long after shoe refused to 
gree with the said Johns wyfe, shoe contracted ane uncow disease, and 
ever sine the said Johns refuseing the kreell of peats forsaid all or some 
of his houshold hath been under great sicknes. 

3. The said Margarat is guiltie of witchcraft as apeares by hire earnest 
pressing aggreement with all that were offended at hire, quhich scho never 
did till about the tym of the executioune of Thomas LicH and Jeanat Mount- 
gomerie, confessing witches, about qhich tym shoe employed sindrie 
persones to deale with them and offered them money to cause them 
denay all things that they hade spoken of hire, and call hire ane honest 
woman ; and desyred some of them that shoe had employed to threatne 
these forsaid persounes offended at hire, notwithstanding that beforshoe 



1650. CHAKLES I. 213 

Misoeiun«ou5 had refused to aggree with them when they pressed earnestly agreement 
^*^pen- with hir, as particularly John Yron and Margarat Gilmuire, etc. ; and 

lykewyse did oflTerr Helen Rodman ane hyre at hire owne makeing 
to goe to Thomas Lich (a confessing warloch) this same day of his asyse 
and cause him denay the thing that he hade said of hire, or, if he would 
not denay it, that he would had his tongue for the thing that he spoke 
that day (it being his last day) would be beleeved. 

4. There being some discord betwixt James Patersoune and the said 
Margarat, the said James being at table eating aitd drinking with 
sundrie persounes in the said Margarats house upon occasioune of aggree- 
ing his marriag with Marioune Sobisoune, then servitrix to the said 
Margarat, whom afterwards he married to his secund wyfe, the said 
Margarat Finlasoune was heard say that shoe would eat and drink with 
them that shoe would put a whinger to there heart, which the said 
James did in the meane tyme quarrell and said he knew that shoe 
meaned by him. And after that the first bairne that the said Marioune 
Bobisoune hade to the said James, shoe was laid up after hire birth with 
appearance of milk as uther woman useth to have, and the said Margarat 
Finlasoune cam to hire and bowed hirself in over in the bed and laid in 
a peec breed beyond hire, and the said Marioune after that had no milk 
to nurish that child, nor to the nixt ; and the thrid child that shoe hade, 
the said James, hir husband, suspecting that Margarat Finlasoune had 
taken hire milk from hire, commanded that noe woman should come 
neare hand his wyfe except the midwyfe, assureing them who ever cam 
near hire, if shoe wanted milk at that tyme, they should be blamed 
for it, quherupon the said Margarat cam not neare hire and shoe hade 
abundance of milk to that chyld. 

5. The said Margarat Finlasoune, being feared and suspicious to be 
apprehended, about the tym of Thomas lich and Jeanat Mountgomeries 
executioune, as appeares by hire sollisting and suborning parties injured 
by hire and dealing soe earnestly with utheres to soUicit them in hire 
behalf to that effect, Margarat Patersoune, goeing throw the towne of 
the Yoker, said in the forsaid Margarats hearing shoe would goe over 
the water on the mome cCnd see the witches burnt, and immediately 
shoe took sicknes ere shoe could attaine the house and keepped it all 
that night in most vehement manner, and was lyk to burst, till the 
mom that the said Margarat Patersone (suspecting that Margarat 
Finlasoune had done hire wrong) cryed to send for one of hire sones, 
and qhen he come shoe hireself followed him and went to the sick 
womans bedsid and took hire by the hand and prayed God send hire 
hire health and immediately shoe recovered and grew better. 

6. James Patersounes mother in the Yoker, haveing pulled some kale 
oat of Margarat Finlasounes yard quhich shoe suspected the said 
Margarat hade drawne out of hire yard befor, not long after that went 
in to the said Margarats house to see hire and that same night shoe 
contracted ane uncou disease quherof shoe became sensles and died after 
shoe had keepped it the space of half ane yeare. 



214 REGISTER OF THE COUNCIL. 1650. 

7. Margarat Jb'inlasoune, being upon a tjm comeing over the water in Misoeiiaaeou^ 
Robert Patersounes wyfes boat, and shoe hirself with hire, who suspected ^"' 
hire for hire husbands death, and in anger said it was better hire duetie 

to tow some of them that was there at the boat stern then to bring 
them over in hire boat, quherupon the said Margarat Finlasoune was 
heard say as good as shoe hade wanted a boat, and about 14 dayes 
theraf ter the water took away the boat. 

8. The said Margarat Finlasoune, suspecting that James Patersounes 
servant woman hade stolne ane linnine ruff from hire, came to the said 
James wyfe, and desyred hire to try it, and said shoe and hire goodman 
receipt a picker, and shoe should make them repent it ; and immediately 
the said James wyfe took heavie sicknes, quherof shoe parted with child, 
and keepped it for the space of 5 or 6 weeks. 

9. One of Adam Woddrows baimes haveing st[r]icke one of Margarat 
Finlasounes baimes with a plough goad, the said Margarat. cam to him 
cuid took the goad out of his hand and brack it, and threatned the said 
Adam Woddrows child, and called him misell ble<:^kenned shit, and said 
shoe should ry ve him all in bits ; and immediately the child took sicknes 
and still apprehended that he saw the said Margarat comeing to him to 
doe him harm, and alwayes cryed out, " Dear Margarat Finlasoune, let 
me alone and I shall never stuir your bairne againe," and continued that 
way till his father (suspecting the said Margarat for his bairnes sicknes) 
said publickly if ought ailed his chyld he should have Margarat Finla- 
soune burnt; after which threatning the child immediately grew better, 
and verie shortly recovered. 

10. Margarat Finlasoune, haveing discorded with Wiliam Patersoune 
upon occasioune of stricking one of hire kyne that had been pushing 
one of his kyne, shoe hirself seing him, spok nothing at that tym, but 
conceaved malice against him, as appeares by hire saying about 14 dayes 
before shoe was apprehended, ' If I had been the woman that I am 
called, I might have done ill enough to Wiliam Patersounes kyne when 
he rann at my kow with a whinger,' and ever sine the tyme that he did 
runn at the said Margarats kow, quhich is about the space of tua or 
three year since, never one of the said Wiliams kyne hath thryven, nor 
hath given milk, albeit his step-fathers kyne that fed with them upon 
this same pastour and stood in this same byre with them did thryv« and 
give milk ; and, the yeare after the said Wiliam did runn at hire kow, 
his kow that shoe was pushing and the calf that shoe was with in the 
tyme, with uthere 2 or 3 of his cattell, died. 

11. Thomas Lich, a confessing warloch, haveing delated the said Mar- 
garat guiltie of witchcraft and off keepping diverse meettings with the 
devill and uther witches, haveing consulted about and execut diverse male- 
fices against sundrie persounes, and he, being confronted with the said 
Margarat and seriously requyred to speake nothing of hire but the trueth, 
he avowed it in hire face as is foirmentioned in presence of M' John 
Maule, minister, John Symmervell and Greorg Winett, elders, as lykwyse 



1650. CHARLES I. 216 

^«5«u«ii«>ua Jeanat Mountgomerie, a confessing dieing witch, affirmed the said 
***"" Margarat to be guiltie of witchcraft bef or M' Alexander Dunlope, minister 

at Paislay, and M' John Maule, minister of Eenfrew. 

12. That both the said Margarat and hire mothere hath been maUB 
famed and for thire many yeares bygone hath been suspected of witch- 
craft. 

13. Marioune Angous, having a paire of hose to sell, Margarat Finla- 
soune desyred Jeanat Yong to buy them for hire use to hire daughter, 
qhich the said Marioune at first promised to doe, but afterwards haveing 
gotten counsell from hire mistress, John Yrons wyfe, not to sell them 
to Margarat Finlasoune, becaus shoe was not called good, shoe told 
Jeanat Yong that shoe would not sell them, quherupon immediately 
shoe contracted ane uncow disease with a great swelling in hire bodie. 

14. Agnes Knox, being at the schoole in the Yoker, discorded with one 
of Margarat Finlasounes bairnee and rave a leafe out of his book, and 
the said Margarat cam to hire and boasted hire and said shoe should 
cause hire sone ryve anothere leafe out of hires and was verie angrie ; 
quherupon the said Agnes went home to the Barnes and by the way 
there cam a blast of wind and dang hire speachles, and shoe continued 
so tiU shoe cam to hire fathers house in the Barnes, and could not 
speak to them that met hire but glaured in there face as shoe had been 
mad, and upon the morrow therafter she fell in a dead sowne upon a 
stone and was unwell all that day. 

1 5. Jeanat Scot, sometymes servitrix to Margarat Finlasoune, left the 
said Margarat hire service, quherupon did follow a hote discord betwixt 
the said Jeanat and hire, in so much that the said Jeanat did pursue 
the said Bfa.rgarat befor the sheri£f for hire fies; and at the faire 
of Benfrew, after the Whitsonday that shoe left hire service, the 
said Margarat, meeting the said Jeanat at Benfrew, took hire by 
the hand, quherupon shoe took ane uncow and lingering disease and 
keeped it till shoe died, and in the tym of hire sicknes shoe was 
heard diverse tymes blame the said Margarat for all that hade come 
upon hire and was heard say that shoe could not stay in hire service 
becaus shoe hade a dead mans hand that shoe keepped and stirred 
about the kirn with it. 

16. Bfargarat Finlasoune, haveing a sone called Mathew very sick and 
by appearance at the poynt of death, Margarat Jack ccune in with hire 
mothere, who was wakeing the said Margarats sone, and immediatly the 
said Margarat Jack went home, took ane uncow disease and died within 
8 dayes, and th6 said Mathew grew presently better and shortly 
recovered, and the said Margarat Finlasoune was heard say that 
Mazgarat J<aok had releaved hire Mathew. And, qhen some asked hire 
how that could be, shoe answered that, in the tyme the said Margarat 
Jack was in hire house with hire mothere, shoe heard lyke the rumbling 
of wild horses running by the window and shoe thought by that, that that 
same sicknes that was upon hire Mathew cam upon Margarat Jack. 



216 REGISTER OF THE COUNCIL. 1650. 

17. About 17 yeares agoe James Patersoune in Yoker wanted some MiMeiianeoiu 
linine cloathes, and he asked at the said Margarat Finlasoune (becaus shoe ^p®"- 
was his nighbour, and washing besid his folks in the tym they were away) 

if shoe knew quhat becam of them, and the said Margarat at that tym 
slighted it, but afterwards bade him goe to M' George Sempill in Paislay 
and he would tell him who had taken his cloathes, which accordingly 
the said James did, goeing to M' Georg, who advysed him to com back 
upon Saturnday, and he for a chappin of wine should tell him, befor 
which tym both the said Margarat and hire husband went to the said 
M' Georg and gave him wine. And quhen the said James came back 
againe upon the Satyrnday (as the said M^ Georg had apoynted) he told 
that if he had knowne it hade been that sort of folks that he had had 
to doe with he would never have spoken of his cloathes to him, and the 
said Georg said he wished he had given 20 merks that he had never 
done it, and the said James might look for ane evill turn at there hand, 
And after this tym the said Margarat, haveing a baime to baptise, the 
said James Patersoune was invited to the feast, quhere hire mothere 
was present, quhere they aggreed and shok hands together, and that 
same night the said James took a very Strang disease quhich he keepped 
for 3 quarters of one year qhich he himself and his nighbours 
suspected to proceed from witchcraft ; and Andrew Robisoune, that was 
always reputed ane warloch, and Jeane Craufurd, that was burnt for 
witchcraft therafter, told him that he had gotten wrong and it was a 
nighbour woman that had done it ; and he himself, suspecting the said 
Margarat Finlasoune, both used the mediatioune of uthirs and cam 
himself to aggree with hire, and shoe told him he hade gotten wrong by 
his nighbours and it was no wonder for he dowed and they dowed not ; 
but shoo was free of it ; and at the same tym shoe did aggree and shook 
hands with him, wherupon he grew better, and upon occasioune of that 
same discord he had tua baimes that died of ane strange and sudden 
disease, the one lying but 4 dayes, the uther on night sick, and were 
both buried at one tym. 

1 8. One of Jeanat Gilmuires bairnes in the Yoker having stricken one of 
Margarat Finlasounes bairnes, the said Margarat followed the said 
Jeanats baime into hire mothers house, uttering these words, ' I would 
give a penance of my flesh for all my dayes to have amends of the,' and 
the child leaped in hire mothers armd)» and instantly contracted a great 
flux, and hire bodie cam out and died within tuentie dayes therafter. 

19. A man, called Bargans, fugitive from Borrowstouneness for the 
alleadged crym of sorcerie, that was never knowne in that place of the 
counterie befor, being in Alexander Duglass house in the Yoker, said if 
he knew quhere Margarat Finlasoune were, shoe would give him a 
bunnock, and quhen it was told him that shoe lived in the nixt house, 
he went in to hire and shoe immedi^tly followed him out with a 
bonnock as he hade said, and they drank tua chappins of aile together 
in Alexander Duglass house befor they pairted. 



1650. CHAKLES I. 217 

MisceOaaeoiu 20. There being evident discord betwixt the said Margarat Finlosoune 
^^"' and John Yron, he being lying in his bed about midnight, the said 

Margarat cam into his house and a little bodie with hire, and he 
being wakeing saw them with a glanc of light, qhich he knew not quher- 
frae it came, and after the light evanished he fund something lying 
upon him, pressing him while he was lyke to lose his lyfe and be 
smored, and all that week therafter he hade a Strang disease with a 
great swelling in his bodie." 

"Pasley, 21 March, 1650. 
The quhilk day the Fresbyterie of Pasley, haveing considered the 
particular confessions of Margarat Finlasoun, parochiner of Renfrew, 
under the challenge of the cryme of witchcraft and the depositions of 
witnesses led against her befor the session of Benf rew, they doe find the 
most pairt and most materiall of the above written articles proven by 
diverse- witnesses and the confession of the said Margaret Finlasoun 
and the rest of them proven by on witnesse, and therfor they doe 
seriousely recommend the sam to the rycht honorabill the Committee of 
Estates of Parliament or the Lords of Secret Counsell that thair Lord- 
ships may giunt commission for tryall and punishment therof; and 
if it please their Lordships lett the commission be given to the Lairds 
of Houstoun, Neather Pollock, Craigends, Ralstoun, Glanderstoun, South- 
barr, Weitlands, Ramferlie younger, John SpreuU, proveist of Eenfrew, 
or any other, if their Lordships sail find fitt. (Signed) Alex'. Dunlop, 
moderator ; Ro. Park, els." 

229. ''The Confessions of Margaret Finlasoun, under suspicioun 26th February 
of witchcraft befor the Session of Eenfrew. ^^^' 

At Renfrew, February 26, 1650. The quhilk day the Sessioune of ^onfea^onof 
Renfrew being conveened, Margaret Finlasoune, suspected of the crime Margaret 
of witchcraft, called, compeared and being posed upon the particulares before the 
of hire lyball, answered to every article as foUowes : — Renfr^!*^" ^' 

To the 1 article confesses that shoe said to Robert Patersoune, 
miliar of Blawarthill mill, that hire corn was ill grind, and that shoe 
knew him half ane yeare sick of the gulsoch befor he died. 

To the 2 article confesses that, notwithstanding shoe never heard 
tell that John Yrons wyfe was' a'^sewer of cloathes, shoe went to her 
with a mutch to sew for one of hire children, and shoe will not say but 
shoe let some gren unbleached yarne fall from hire in John Yrons 
house ; as alsoe shoe confesses that John Yron both sent utheres to 
desyre hire to gree with him and cam himself and offered hire money 
to buy some beare .with, and begged his health and said he would give 
the thing that he was mynded to bestow upon utheres, and that shoe 
said shoe would agree with hiq^elf but not with his wyfe ; and con- 
fesses that shoe refused to gree with him at first when he cam to 
presse earnestly to gree with hire, and that shoe said shoe should have 



218 REGISTER OF THE COUNCIL. 1650. 

amends of him at the kirks hands, and continued in this resolutioune MisoeUaneoua 
till about the tym of Thomas Lich and Jeanat Mountgomerie there *^"' 
executioune, at which tyme shoe confesses that shoe sought agreement 
with him becaus (as shoe sayes) shoe saw shoe could not get amends of 
him by the kirk. 

To the 3 article confesses that shoe desyred John Yron to tell noe 
more of hire but the veritie and no to slander hire good name, and that 
shoe promised Helen Rodman anything that shoe would ask to goe to 
Thomas Lich upon the day of his assyse and desire him, if he had said 
wrong, to denay it, for shoe would get speaches of him, quhen shoe 
would not ; but denayes the rest of the article. 

The 4 article denayed. 

To the 5 article confesses that shoe went to Mai^arat Patersoune 
and prayed Lord help hire, but shoe remembers not well whither shoe 
took hire by the band or not. 

The 6 article denayed. 

To the 7 article confesses that shoe cam over severall tymes in 
Margarat Gilmuires boat efter hire husbands death and that shoe said 
as good had wanted a boat as shoe. 

The 8 article denayed. 

To the 9 article confesses that shoe knew hire children and hire 
nighbours plea and fight oft enough together, but denayes that shoe 
knowes anything particularly of Adam Woddrows bairn. 

The 10 article denayed. 

To the 1 1 article shoe confesses that shoe heard Thomas Lich (a 
confessing warloch) say in hire face that shoe hade been at several! 
consultatiounes with the devill, but shoe denayes that it was true. 

To the 1 2 article shoe confesses that shoe knew Margarat Gilmuire 
suspect hire of witchcraft, but shoe sayes that it was not true. 

The 13 article denayed. 

To the 14 article confesses that shoe was angrie at Agnes Knox and 
boasted hire and said that shoe should garr hire sone ryve another 
book to hire, and that shoe knew hire to be a day or tua out of the 
schoole, but shoe sayes it was only for anger. 

To the 15 article shoe confesses that shoe would not pay Jeanat 
Scot hire fie till shoe confessed that shoe had wronged hire by main- 
swearing falsely for it, and that there was no discord betwixt hire and 
the said Jeanat till shoe craved hire fie from hire befoi* the sheriff. 

The 16 article denayed. 

To the 17 article shoe confesses that shoe heard James Patersoune 
say that his cloathes was away, and that shoe complained of him to the 
kirk becaus shoe was ill content with him, as also that the said James 
had tua baimes dead both at on tyme but it was of the kinkhost. 

To the 18 denayes. 

To the 19 article confesses that a man called Bargans, whom shoe 
never saw in this countrie befor, cam in to hire house and went out 



1650. CHARLES I. 219 

Miaoei]ABeott« again to Alexander Daglass house aud that shoe immediately followed 
*^'*' him with a bunnock and drank tua chappins of aile with him, but shoe 

sayes shoe never saw him £^ain sine that tyme. 

The 20 article denayed. (Signed) W. Winett; Jo. Maule." 

230. "At Renfrew, February, 26, 1650. — The quilk day Margarat 26th February 
Finlasoune, suspected and apprehended for witchcraft, being called, J^^ * .^.^^^ 
compeared before the sessioune, and haveing denayed the most pairt of against 
the articles containd in the lyball given in aginst hir. and put them pinil^n in 
to probatioune of witnesses, admitts the persounes af ternamed as ther 2*"^|^JJ[ii'^^° 
depositiounes subscrybed by the minister and clerk of the sessioune and witchcraft, 
and uthers underwritten beares. 

Depositions of Witnesses. 

"John Grembill, sworne, depones to the [18]^ article that shoo desyrd 
him to speak to William Duncan, Margaret Gilmures goodman, after they 
had been speaking of the scandall of witchcraft that the said Margarat 
Finlasone was under, but shoo did not expressly desyre him to bid them 
gree with hire, but he sayes he was assuird that that was hire mynd, and 
he said he should speak to them both. Lykwyse to the 22 [article] he 
depones that shoo and hire mother was of ane evill report. Lykwyse to 
the 14 [22] [15] he sayes that he knew Robert Patersoune verie sick 
a long tym befor his death, and that it was called the gulsoch, but he 
thocht it ane uncow sort of it, and depones that he hath heard him say 
that he was soe gripped with gripps qhen he went to draw one the water 
upon the mill that he was not able to draw the water off hire tho the 
milstones were comeing but the mill. (Signed) W. Winett ; Jo. Maule. 

"(George Knox, sworne, depones to the [35] [21] that he hard his 
sister say that there was some discord betwixt on of Margarat Finlasones 
bairnes and hire, and that the said Margarat cam in to red them and he 
will not say but shoo was somwhat rough, and be the way comeing home 
there cam a blast of wind and blew hire over, quherupon shoo becam 
speachles, and the day therafter shoo fell dead upon a ston which he 
himself saw and took hire up in his armes but he knowes not except 
by hire relatioune how soone this was after the foraamed discord. 

" Lykwyse to the [22] he depones that he hes heard some say that shoo 
was under ane evill report and that shoo had a motlier that was not called 
good. (Signed) George Knox ; Jo. Maule. 

" Alexander Knox, sworn, depones to the [22] [17] that he hes heard 
after some outcasts betwixt the said Margarat and uthers that some 
uncow thinges hes fallen out, and that he hes heard that hire mother was 
not cannie. 

"To the [21] [35] he depones conforme to his brother, except that he 
heard his sister say that shoo had ryven a leafe out of Margarat 
Finlasounes bairnes book, and the said Margarat cam in to ryve another 

^ The numbers within brackets [ ] are scored through in the original, and also similar 
numbers in the mafgin of the original. 



220 REGISTER OF THE COUNCIL. 1650. 

out of hires, and that he saw hire not quhen she fell upon the ston but Mifloeiiuieotte 
only heard of it by his sister and brother. (Signed) Alexander Knox ; ^^^ 
Jo. Maule. 

" Jeanat Gilmuire, sworn, depones to the [2] that shoo heard it reported 
that Margarat Finlasoune should have said shoo wished that they brock 
there legg that went to visit John Yron. 

" To the [5] [6] shoo sayes that shoo heard Margarat Fynlaysoune 
say that shoo saw hire husband get his death at his owne kill ers tho the 
said Jeanat saw not. 

" Lykwyse to the [6] [7] article depones that shoo had a daughter of 
4 yeare old that discorded with Margarat Fynlasounes eldest sone and he 
went in greeting to his mother and told hire, quherupon shoo cam in to 
hire hous after hire child, uttering those words, ' I would give a pennanc 
of my flesh for all my dayes to have amends of the,' and the baime in a 
great fear came to hire said mother and instantly contracted a flux and 
her bodie cam out and died that day tuentie dayes. And the said Jeanat 
said to hire after hire baimes death, ' Ye have gotten your will of my 
baime now,'' and that shoo doubted hire for hire baimes death. 

" To the [8] [7] shoo depones that a fugitive warloch since burnt, called 
Bargans, whom shoo never saw or had heard to be in this place of the 
countrie befor, cam in to hire house to drink a pynt of aile and he said if 
he had Margarat Finlasoune shoo would give him a bonnock ; and quhen 
the husband of the said Jeanat told him that shoo lived in the nixt house 
he went in to hire and cam presently out again and shoo following him 
with a bonnock as he had said before, and after that they drank tua 
chappins of aile together. 

"To the [18] shoo depones that the said Margarat cam in to hire and 
drew hire by to a private roome and drank a chappine of aile with hire, 
and desyred the said Jeanat to deale with hire sister Margarat Gilmuire to 
gree with hire and denay all that she had spoken of hire, and the said 
Jeanat says that shoo caused hire sister Margarat twa yere sine offerr to 
gree with hire and drink twyse to hire, and shoo would not tak the cup 
from hire and never did speak of aggreement till that same day Thomas 
Lich wes execute, upon qhich day shoo was verie eamest to have hire 
goeing to seek hire sister over the water becaus shoo was not at home for 
shoo would faine have greed with hire. 

'' To the [14] [15] shoo depones that in the tym of Robert Patersones 
sicknes, about 14 dayes befor his death, hire husband Gabriel Patersoune 
and shoo went to see him and, quhen they invited him to come over to the 
Yoker to there house, he told them that he could not for heat for he was 
rested with hate and pricked as it had been with elsines ; yet notwith- 
standing he com to there house the morrow and qh^n he cam in shoe 
heard him say, ' This is a strange matter that I can never be quyt of 
Margarat Finlasoune, for sine I cam from my owne house, goe where I 
will shoo has crossed the way thryce upon me. 

"Likwyse to the [8] [9] shoo depones that shoo heard hire servant 



1650. CHARLES I. 221 

Miaoeiuneoas womaii, Margarat Patersoune, say that shoo said ia Margarat Finlasounes 
Ptepen. hearing that shoo would goe over and see the witches burnt, and shoo fell 

as shoo cam in, and depones that that same night shoo had ane unco w disease 
and rammished as shoo had been mad, and could not be gotten hadden off 
the yeard till be fore they laid hire in hire bed and did hold hire till the 
morrow that Margarat Finlasoune cam in to desyre Alexander 
Duglass to goe to John Yron to gree with hire ; who went to the sick 
womans bedsid and she heard hire pray for hire and this was after the 
sick las had biddin all bodie pray for hire, and within les nor half ane 
houre shoo grew better. 

"To the [22] [17] shoo depones that shoo heard ane evill report of 
both Margarat and hire mother, and lykwyse that hire mother was not 
good. (Signed) W. Winett; Jo. Maule. 

"Marioune Robertsoune, sworn, depones to the [31] [19] that shoe 
heard by the voice of the countrie that the said Margarat had a dead 
mans hand, but shoo never saw it. 

"To the [29] [18] shoo depones that Margarat Finlasoune cam to 
hire and told hire that shoo had wanted a rufF and said shoo suspected 
that they were in hire house that had it, for ye have a servant that is a 
piccer, and desyred hire to try at that servant if shoo had seen it, 
and the said Marioune answered that shoe needed not suspect any within 
hire house ; quherupon the said Maigarat was verie angrie and left hire 
soe, and within ane houre the said Marioune took a sore sicknes and 
within a 14 night therafter shoo pairted with child. 

"To the [13] [14] shoo depones that the first tyme shoo was with 
child befor the birth shoo had appearanc of milk as uther woman uses 
to have, and after the child was born the said Margarat bowed hireself 
in over hire bed and laid in a litle peec of bread besyd hire, after which 
tyme the said Marioune took sicknes and hire milk went away. 

" To the [22] [17] shoo depones conform to the rest that shoo knew 
hire always to be of ane evill report. 

" To the [3] depones that shoo knew Margarat Finlasoune very angrie 
at John Tron, and said it was said in the countrie that he cam to hire 
to seek his health, but if he had come to hire that ermnd he should 
have gonn away worse then he cam and that shoo should have amends 
of him, and if shoo got it not shoo should tak it with hir owne hands. 
(Signed) M' Joh. Winett [deleted] ; W. Winett ; Jo. Maule. 

" Jeanat Gilmure, sworn, to the [14] [13] depones that shoo knew 
Marioune Robertsoune, James Patersounes wyfe, to have appearance of 
milk qhen shoo was laid up of hir first child and that shoo saw Margarat 
Finlasoune upon hire bedstock but remembers not whither shoo bowed 
hirself in over or not but as shoo heard uthers say, and that shoo knew 
the said Marioune to have no milk nether to that child nor to the nixt, 
but the 3 child that shoo had, shoo heard hire husband James Pater- 
soune forbid any women to come near hand hire except shoo that should 
come, and that tym shoo had milk. (Signed) M' Joh. Winett. 
[deleted] ; W. Winett ; Jo. Maule. 



222 REGISTER OF THE COUNCIL. 1650. 

"Katharin Angous, sworn, depones to the [1] article that in harvest Mtaceikneoos 
last shoe knew hire husband refuse the len of a crill of peets to Mar- ^^^^ 
garat Finlasoune, hire hushand and hire sone, and shoo requested him 
to lend them or utherwayes he would repent it (becaus shoo was ay 
doubting hire and fleed for hire evill), and within 4 or 5 dayes after 
that Margaret Finlasoune cam to the said Katharines house with a 
baimes mutch in hir hand which shoo desyred hire to make and bad 
hire try it one one hire bairnes head, and said, ' If it gaine your baimes 
heed, it will gaine myne ' ; quhich shoo did, and in the meane tyme 
another of the said Katharines bairnes took up a lock green threed and 
let hire said mother see it, and shoo said shoo had no sich yairn in that 
pairt, quherupon the said Margarat said, ' I true it be mine,' and took 
it from the bairne and went to the doore quher shoo let it fall i^ain, 
and shoo knew it and brocht it in and hung it up to keepp it to hire, 
and that same night both these tua baimes took ane uncow disease, 
sometymes verie cold and sometymes as they had ben rosted and keepped 
it 4 or 3 dayes, and, immediatly after they beguth to recover, hire hus- 
band contracted this same verie disease (as shoo thinks) and keepped it 
7 or 8 weeks. 

*'To the [3] article depones that quhen hire husband was very 
sick shoo went doune to Alexander Duglass house and was praying 
that God would try the veritie, and expressing meikle anger and grieff 
for hire goodmans sickness and after that night he was never rosted 
as befor. 

" Lykwyse sho depones that shoo heard say that the said Margarat 
said shoo would gree with hire husband but not with hireself, and that 
after that shoo contracted ane uncow disease and is not well yet. 

*' To the [22] [17] shoo depones that shoo both knew uthers suspect 
the said Margarat of witchcraft and suspected hire hirself. (Signed) 
W. Winet; Jo. Maule. 

" [Margaret Finnic, sworn, depones to the nothing (all deleted).] 

"Robert Gembill, sworne, depones to the [17] [15] that he knew 
that there was anger and flyting betwixt Margarat Gilmure and Mar- 
garat Finlasone but he remembers not the words. 

"To the [22] [17] he depones as the rest viz. — that shoo was ill 
reported off by the countrie, and that hire mother was [and] is sus- 
pected. (Signed) W. Winett ; Jo. Maule, 

" Marioune Robertsoune, sworn, depones that shoo heard that Mar- 
garat Finlasoune said tho shooe hade tuentie baimes there would never 
one live of them. (Signed) W. Winett ; Jo. Maule. 

" John Patersoune, elder, sworne, depones to the [14] article that he 
heard Robert Patersoune say a little befor his death that he was never 
well sine he got a drink of milk from the said Margarat, and that he 
was rosted within ; and to the [22] he depones that he heard hire get 
ay ane ill report and alsoe hire mother. (Signed) W. Winett ; Jo. 
Maule. 



1650. CHARLES I. 223 

MiioeUaiieoii!! ''John YroD, sworn, depones to the [1] thaii he refused a crill of pits 
^^P*"- to John Patersoune, Margarat Finlasounes husband, and he oflferred them 

the loane of 40 or 20 lb. becaus he was feared for there ill, and within 
4 or 5 dayes therafter tua of his bairnes took ane uncow disease and 
keepped it 3 dayes and 3 nights in great extremitie, which was that 
same day that the one of them had the mutch tyed on, and the uther 
fund the threed quhich Margarat Finlasoune did let fall quhen himself 
was out, qhich he hes only by his wyfes report who told him and let 
him see the threed afterwards, and this same night that the bairnes 
became a little better he himself contracted this same disease and keepped 
it 7 or 8 weeks, sometymes as if he had been rested betwixt tua fyres. 

" To the [3] article he depones that he both dealt with hire himself 
and caused uthers deale with hire to gree with him, quhich shoo offerred 
to doe but refused to gree with his wyfe, and if shoo got not amends of 
hire shoo would tak it with hire tua hands hirself, and within a verie 
short space shoo contracted ane uncow disease. 

" To the [4] [3] he depones that he is suire that he saw aither 
Margarat Finlasoune or the devill in hir doathes come in to his house 
about midnight with some litle bodie with hire, but he could not 
discern who it was, and, as soone as he tint sight of the said 
Margarat and the uther litle bodie, he was lyk to lose the life, and as 
he had beene smored, and all the week therafter he lay sick and 
swelled. 

" Moreover he depons to the [37] that sine the beginning of that 
discord betuixt him and the said Margarat some of his houshold hath 
ay been sick, and at this tym the whole number of them (quhich are 
six) ar lying under sicknes. 

'*Tothe[22] [37] he depones that Marioune Angous, his servant, 
haveing a paire of hose that was litle for hire, Margarat Finlasoun 
desyred Jeanat Yong to buy them to hire, and his wyfe counselled hire 
not to sell them to the said Margarat, quherupon shoo did refuse to sell 
them, and he sayes that he himself advysed hire to sell them or uther- 
wayes shoo would rew it ; and within tua dayes shoo contracted a heavie 
disease and that same swelling in hire bodie that he hade befor. (Signed) , 
W. Winett ; Jo. Maule. 

''Margarat Gilmure, sworn, depones to the [15] [14] that shoo knew 
Margarat Finlasoune and hire husband discord about the grinding of 
meale, and that shoo heard hire into the mill bid the devill grind him as 
small as gunpowder among the mill wheeles, and shoo would doe him ane 
evill turn and he shonld not know how, and garr him sweat at the shill 
of the forrat. As also shoo depones that at ane uther tym after the 
fomamed discord (the mill being goeing and shoo being cursing and 
railing both upon hire said husband and hirself) the milstonne did lap off 
the mill rynd. And about ane yeare therafter hire husband fund in his 
owne yeard three coloures of worsat bund together with a bone prick, a 
lead broach and three stringes of three coloures binding it, and, qhen 



224 REGISTER OF THE COUNCIL. 1650. 

he cam in and told hire, shoo was verie sorie becaus shoo suspected it MboeUanaoos 

was of Margarat Finlasounes witchcraft, and speired at him if he stirred ***"* 

it, and he said he had but turned it over with his foott, and shooe and 

hee went the morne and brocht it in, and verie soon thereafter he took 

ane uncow disease and was sometjmes as if he had been rosted betwixt 

tua fyres, and sometymes trembled for cold, and keepped it about half 

ane yeare, all the tyme that the coloures of yarne forsaid was keepped 

in the house till John Calbraith cam in to see him and bad them bum it 

quhich shoo did and it crakked in the fyre lyke great salt and within 2 

or 3 dayes after he died. 

" To the 1 6 [ 1 7 ] article shoo depones that the forsaid Margarat came over 
in hire boat and shoe, suspecting hire of hire husbands death, was lyk to 
burst qhen shoo saw hire, and said in hire hearing that it was better hire 
duetie to draw them at the boat stem then to bring over some that was 
in the boat ; but that shoo did not heare hire threatne that shoo should 
want hire boat, but heard utheris report it, which fell out within 14 dayes 
accordingly. 

" Lykwyse to the [14] [15] shoo depones that shoo did hear hire 
fomamed husband tell John Patersone, elder in Blawarthill, that after 
he gote a drink of milk from Margarat Finlasoune he was never well 
and he thocht it never went fra about his heart till his death. 

" Lykwyse shoo depones that not long befor his death, qhen he was 
goeing to the Yoker and shoo with him, the said Margarat Finlasoune 
crossed his way, and quhen they pressed to go o£f the gate, shoo still 
pursued till shoe crossed the way three severall tymes, and, qhen he cam 
to Gabriell Fatersoune and his wyfes house, shoe heard him say to them 
that he could never be quyt of the said Margarat for shoo had crossed 
his way thrice sine he cam from his own house. (Signed) W. Winett ; 
Jo. Maule. 

" Alexander Duglass, sworn, depones to the 4 [5] article that Mar- 
garat Finlasoune desyred him to goe to John Yron and desyre him to 
gree with hire and to denay all that he hade spoken of hire, as also 
desyred him to say to the sheriff that all that was spoken of hire was 
lies and out of envy. 

"To the [6] [5] he depones that he heard hire say to his wyfe that 
shoo saw hire goodman get his dead at his own kill ers but shoo saw 
it not. 

" To the [8] [7] he depones that a fugitive wharloch, called Bargans, 
qhom he never saw befor nor sine nor heard tell that he was acquaint 
with any in this countrie, was one day drinking a choppine of aile in 
his hous and he said if he had Margarat Finlasoune, shoo would give 
him a bonnock, and qhen he told him that shoo lived in the nixt house 
he went in to hire and cam presently out and shoo followed him with a 
bonnock as he had said, and drank twa chappins of aile with him. 

To the [8] [9] he depones that Margarat Patersoune took ane verie 
uncow and sudden brash of sicknes and sowned and was lyke to goe 



1650. CHARLES I. 225 

MitoeiiAiieoiu rammage, and keepped it all night till the morne that Margarat Fin- 
^^^ lasoune cam in and he heard hire pray God send hire hire health. 

(Signed) W. Winett ; Jo. Maule. 

" William Fergisonne, sworne, depones to the [5] [4] that about the 
same tjm of the executione shoo desyred him to deal with John Yron 
to gree with hire, and denay the thing he had spoken of hire and cause 
him say, * False tongue, he lyed,' and desyred him (if the said John 
would doe soe) to bring him to Alexander Duglass house quhere shoo 
should meet him, which if he would doe, shoo promised him a hyre, and 
further the said Margarat added that it was better for him to suiferr the 
punishment of the kirk then shale [sic] hire houshold. Withall shoo 
desyred that he would make his errand to buy ane ell of harden, and 
bad him say if any thing ailed hire, hire sones perhaps would be 
shouldiers, and, if they took not amends of it. it mycht be that the 
nyntteen degree of hire kynd would revenge it. 

" Lykwyse- depones that shoo desyred him to deale with James 
Patersoune for aggreement and to terrific him with words, and alsoe to 
deall with Jeanat Gilmure to gree hire with hire sister Margarat 
Gilmure. 

" To the [8] he depones that Margarat Patersoune had ane uncow 
disease that he thocht shoo was not lyk to live a moment, and upon the 
morrow he saw Margarat Finlasoune come in tuyse to hire and say God 
help hire and send hire hire health. (Signed) W. Winett ; Jo. Maule. 

"Jeanat Yong, sworn, depones to the [37] [22] that Margaret Finla- 
sone desyred hire to ask the price of Marioune Angous hose, quhich 
shoo did accordingly, but afterwards the said Marioune said that shoo 
would not sell them. (Signed) W. Winett ; Jo. Maule. 

"Allexander Pattersoun, sworne, deponis to the [17] [16] article 
that he heard Margrat Gilmour and Margrat Finlaysoune flyting 
togither and he heard the said Margrat Gilmour say that that wer mor 
almous to traill the said Margret Finlaysoun at the boat sterne then to 
carry hir over. (Signed) W. Winett ; Jo. Maule. 

"Margrat Pattersoune, sworne, deponis to the 8 article that sho 
was goeing up throu the towne to hir mothers hous and within Margrat 
Finlaysouns hearing sho was saying that sho wald goe over the watter 
and see the witches burnt, and immediatlie sho took ane foot of sicknes 
and fell tuyse or sho could win in to the house, and sho sayes that hir 
diseas did tack hir in such ane unknowne maner as sho nevir had the 
lyck of befor, that sho was lyck to swalt and goe mad. And sho, 
suspecting that Margrat Finlaysoun had doone hir wrong, cryed to send 
for hir sone or some of hir bairnes, thinking that quhen they wer send 
for sho wald come hirself, quhich sho did, and sho laye in hir armes in 
the bed and laid on the cloathes upon hir and took hir be the right 
hand and sho hirself desyrit all people to pray for hir becaus sho thought 
that sho wald not be weill quhill the said Margret Finlaysoun did pray 
for hir quhich sho thinks sho did, hot becaus of hir sicknes remembers 

VOL. VIII. p 



226 REGISTER OF THE COUNCIL. 1650. 

not the expresse words except that sho heard hir say God help hir and MiaoeiUmeoQA 
verie shortlie there! tir sho grew better. ^"^ 

" The said Margret deponis, being sworn, to the [14] [15] article that 
sho heard the said Margret Finlajsonne in the mill curse and scold 
both with Robert Pattersoane and his wyif, saying that sho sould doe 
them ane evill turne and bad deivill grind him as small as gunepowder 
among the mylne wheills, and in the meane tyme the mylnestone did 
leap of the rynd and quhen scho saw him sweitting with the mill righting 
sho said he sould sweitt at the shell of the forret and he sould not 
know how. And sho remembers that the said Robert did tack ane verie 
unknowne diseas thaireftir and was sometymes as he had bein rested 
with heat and had exterordinar sweitting, with all qhich he died o£f 
theref tir. (Signed) W. Winett ; Jo. Maule. 

"Maigret Gilmour to the [14] [15] article, being swome, deponis 
that Thomas Leich, ane confessing warloch, sent for hir befor his death. 
Being possed to tell nothing bot the treuth, declaired in presence of 
James Landes and Hendrie Snaip that hir husband had gotten wrang 
be Margret Finlaysoune, He asket if sho had ony help. He said that 
Issobell Mories, quho was now dead, did help hir. (Signed) W. Winett; 
Jo. Maule. 

" Issobell M^Hutchsoune to the [3] article sworne, deponis that sho 
heard Margret Finlaysoune say, if sho wer ane mane, as sho was ane 
womane, shoe sould have ane mends of John Aime and his wyff, 
(Signed) W. Winett ; Jo. Maule. 

"Adam Wodrow, being sworne, deponis to the [20] [33] article that 
he had ane chyld that took ane unknowne diseas for 3 or 4 dayes and 
he apprehendit in his sleip, wackening with cryes, that Margaret Fin- 
laysoune was comming to him to ry ve him all bitts ; and he sayes that 
he was informet that, immediatlie befor that, the baime had tacken out 
ane plough gaid and strucken ane of hir bairnes with, and sho came to 
the said baime in anger and toock the gaid out of his hand and brack 
it, and, quhen he saw the chylds diseas continew, he, suspecting that the 
said Margret was the cans of it, was verie discontent and said if ought 
ailled his chyld he sould have hir brunt, quherupon the chyld grew 
better. 

'* The said Adam Wodrow deponis to the [22] [17] article that he 
hes heard both hir mother and hir to be of ane ill report and suspectis 
hir himself. (Signed) W. Winett ; Jo. Maule. 

" James Pattersoune, being sworne, deponis to the [10] [9] article 
that some questioun being falling out betwixt him and Margrat Fin- 
lasoune about some lining cloathes that he wanted sho desyred him to 
goe to M' George Sempill in Paslay and he wald tell him quho had 
tackin away his cloathes, quhich he did accordinglie, and the said M^ 
Geoi^ bad him bring the neighbouris of the toune with him and come 
to him upon Satturday and he sould tell him quho had tackin them. And 
that same night that he left him, Johne Pattersoune. spous to Margrat 



1630. CHARLES I. 227 

MisoeiiaiieoaB Finlaysoune, come to the said M' Georg and gave him wyne, and 
**^ lyckwyse that Satturday morning he and his wyff both had bein at the 

said M' Georg and given him some wyne and had left him befor he 
came till him, and quhen he came M' Georg said to him, ' I wish I had 
given yow 20 merks quhen yee first come to me about your clothes, and, 
if I had known that it had bein thes sort of folks that ye had had to 
deale with, I wald nevir have had spoaken of them, for yee may be sur 
of ane ill turne at thair hands/ And eftir that they invitted him to ane 
bankquet, quherat hir mother was present, and they drank togither and 
shook hands with the said James, and that same verie night quhich sho 
and I did shak hands togither he contracted ane uuknowne diseas and 
keipet it for the space of 3 quarters of ane yeir qhich both neighbours 
about and, in particular, Jeane Craufurd, quhich was brunt since that 
tyme in Glasgow, called it witchcraft. 

"The said James, being sworne, deponis to the [11] [10] article that 
in the tyme of his sicknes, quhen he by the mediatioune of uthers gatt 
hir drawne to ane aggreement with him quher they drank togither and 
shook hands in Johne Pattersouns hous, and the said Margret 
told him that he had gotten wrang be ill neighbours hot she was 
free of it, and he sayes that efter the said aggreement he grew 
better. 

" The said James, being sworne, deponis to the [12] [11] article. He 
sayes that he saw his mother draw some kaill out of Margrat Fin- 
lasounes yaird, quhich the said Margret had drawin out of 
his yaird befor, and not long eftir sho went in to se the said 
Margret to hir hous, and immediatlie sho contracted ane Strang 
and unknown diseas that sho became sensles and keipt it till sho 
dyet. 

"The said James Pattersoune, sworne, deponis to the [13] article that 
upon occasioune of the foirnamet discord he had tua bairnes that died, 
the ane of 4 dayes sicknes or thairby and the uther chyld of ane nightis 
sicknes and were buried togither. 

" The said James Pattersoune, sworne, deponis to the [13] [14] article 
that his wyflf Mareoun Robisoune had to him ane chyld. He heard the 
women say quhen sho was laid up, [sho] had appeirance of milk and that he 
saw the said Margret Finlaysoune immediatelie eftir sho was laid up 
bow hirself over hir in the bed and also he heard that sho gave hir some 
bread, quherof he himself did eat, and that it is notour to himself and 
all uthers that sho had no milk to foster that chyld. Lyckwyse that he 
heard the said Margret did say to ane womane, quho is now dead, the 
tyme his wyff was with chyld the secund tyme, " Deivell ane drop milk 
sho shall have to give this bairne mor nor to the last,' quhilk accordinglie 
fell out, and the 3^ chyld that sho had, he, suspecting the said Margret 
for the waytacking of hir milk, he dischairget any woman to goe neir hir 
except the midwyff and said, if sho wanted milk that tyme, thes that 
yaid neir hir sould have the wytt of it, and non went neir hir as he 



228 REGISTEE OF THE COUNCIL. 1650. 

commandit at that tyine, and sho had milk enoghe to foBter that chyld MiMeiUneons 
as was Weill knowne. ^"" 

" The said James Pattersoune, being swome, deponis to the [9] [16] 
article that Margret Finlaysoune said to him that that same diseas quhich 
was upon hir Mathew yaid upon Margret Jack and sho died of it. And 
quhen he asked hir how that could be sho said that sho heard lyck wyld 
horse going by the window in the tyme that the said Margret was in 
hir house quhen hir baime was verie sick and past all appeirance of lyfe 
and sho thought be that the self sicknes yaid of hir sone Mathew sua 
that he grew better and recoverit and the said Margret died and he 
sayes, morover, to his certane knowledg he knew hir chyld at that 
time verie sick and sundrie tymes laid by for the being straight and 
knew that the said Margret contracted ane unknown diseas and died 
thereftir within the space of tua orthrie dayes. 

"The said James Pattersoun, being sworne, deponis to the [29] [18] 
article. Margret Finlaysoune said to him that he and his wyfT held ane 
loune in the hous to steill hir cloathes and sho sould gar them repent it ; 
and within ane quarter of ane hour thereftir his wy£f took ane sudden 
diseas that sho parted with chyld. (Signed) W. Winett ; Jo. Maule. 

"Grissell Wodrow, being sworne, deponis to the [20] [33] article 
that sho remembers that ane womane quhich was hir fathers servant 
and the baime that was hir brother told hir that he hurt Margret Fin- 
laysouns bairnes thomb with the pleugh gaid, and the said Margret 
came to him in anger and took the gaid irae him and brack it ; and sho 
knew the chyld took ane diseas thereftir and was affrighted with con- 
tinuall apprehensioune and fear that the said Margret Finlaysoun was 
going to wirrie him and ordinarlie cryed '' Margret, let me allone, and 
I sail never strack your bairne againe/' and he continued that way till 
thair father weht out and publickly cryed that if ought allied his bairne 
Margret Finlaysoune sould be brunt on ane hill, and eftir that tyme 
the chyld grew better. 

"The said Grissell Wodrow, being sworne, deponis to the [22] [17] 
article that the said Margret gott ane ill report evir sine sho did 
remember, both becaus sho was said to be doing ill to hir neighbours 
and hir mother was callit ane witch. (Signed) W. Winett ; Jo. Maule. 
"Kathrein Currie, being sworne, deponis to the [20] [33] article that 
sho saw Adame Wodrows bairne strack Margret Finlasouns baime with 
the plough gaid and that the said Margrat came and took the gaid and 
brack it and cald the chyld, ' unsell bleknit shitt, if yu strack my 
bairne I sail ryve the all byttis,' and sho knew the bairne immediatlie 
thereftir tack ane sicknes and in fear used to cry, ' Dear Margret 
Finlasoune, let me be and I sail nevir stur your bairne againe,' and 
sho heard Adam Wodrow say that he said to hir if ought ailled his 
baime he sould have hir brunt, and eftir the tyme that he had so said 
to hire, sho knew the bairne did recover. 

"The said Kathrine Currie, being sworne, deponis to the [22] [1*1] 



1650. CHARLES I. 229 

MfcceUaneom article that the said Margret hes beine ay under ane ill report. 
^P~" (Signed) W. Winett ; Jo. Maule. 

"Jonnet Knox, being sworne, deponis to the [19] article that sho 
knew that Margret Finlajsouns bairne was very sick and that hir 
mother yaid doune to wack the bairne, and that Margret Jack was in that 
houB at that tyme and came hoome presentlie and took sicknes and 
died within 5 or 6 dayes. (Signed) W. Winett ; Jo. Maule. 

''Helen Bodman, sworne, depones to the [24] article that the for- 
said Margarat Finlasoune cam to hire the day of asyse about the ringeing 
of the last bell to sermone, and did offerr to give hire drink and said to 
hire, ' They say that ye use to goe sometymes to Thomas Lich, I would 
desyre you to goe to him now qhen the casie is turn and all the 
people ar in the church and deale with him sine I am ane honest 
woman and he hes blundered my name and cause him to denay all that 
he hes said of me, and speak terrible words and that will flee him ' ; and 
hearupon shoo offerrd hire ane hyre, and it should be at hire owne 
makeing ; all which shoo refused to doe. Quherupon the said Margarat 
desyred hire that, if shoe would doe no more, shoe would desyre him to 
be silent, for that was lyke to be his last day and the thing that he 
spoke would be taken hed unto, and soe shoe left the said Margarat and 
went to the kirk. 

'* Moreover, sayes the said Margarat cam bake to hire upon the after- 
noon, craveing ane accompt qhither shoe hade done as shoo desyred hire 
or not but shoe hirself was not present, but shoo asked hire mother 
quhere shoo was and said, * If I escap at this tyme it shall be a dear 
doeing to them,' and qhen hir mother asked how, shoe answered, ' If 
my hands be to the fore,' and stopped and said no more. (Signed) W. 
Winett : Jo. Maule. 

''^ John Morisoune, being sworne, depones to the . . . 

" Walter Brock, sworne, depones that he heard that John M^Crae 
poyned John Patersoune in Yoker, and therafter he fell sick and was 
never well after that till he died, but he says he cannot well tell 
whither he had sore leggs befor or not. (Signed) W. Winett ; Jo. Maule. 

"Agnes Knox, being sworne, depones to the [35] [21] that shoo and 
ane of Margarat Finlasounes baimes pleaed and that shoo rave a leafe of 
hire baimes book quhich, quhen Margaret Finlasoune saw, shoo would have 
been at the ryveing of hir book and boasted hire and scolded but does 
not remember what was hire words. And quhen the said Agnes went 
home there cam ane sudden blast of wind and blew hire over and made 
hire speachles and hire hair stood up whiddirrsums and qhen shoo went 
home to hire father's house shoe could not speak but stood and glaured ; 
and the morrow therafter shoo fell a sowne upon a stone and could not 
ryse till hir brother lifted hire up, and was sick that whole day, and 
shoo, haveing heard the said Margarat called a witch befor, shoo 
suspected that shoo had been the cause of that which had befallen hire. 
(Signed) W. Winett; Jo. Maule." 



230 REGISTER OF THE COUNCIL 1650. 

" Chrystian Wright, sworne, depones to the [19] that shoe heard MisceUaneoiu 
Jeanat Scot say that shoo saw Margarat Finlasoune have a dead mans *^"' 
hand and keepped it in a sevit and stirred about the kirn with it, 
and that shoo told hire this qhen shoo was sick of a disease, quhich the 
said Jeanat suspected Margarat Finlasoune to have laid upon hire becaus 
shoo left hire service against hire will at the Whitsounday ; and the said 
Margarat, meeting hire at the faire of Renfrew upon Saint Nicolaus day 
and took hire by the hand, after which tym immediatly shoo said shoo 
took sicknes and never recovered till shoo died. (Signed) W. Winett ; 
Jo. Maule. 

" Bessie Symmervell, sworne, depones to the 1 6 that [shoo knew a 
discord to be betwixt Margarat Gilmuire, Robert Patersounes and the 
said Margarat, and that shoe heard hire say it might be that hire prid 
would fall] (all within brackets deleted). 

"Bessie Symmeruell, being sworne, depones to the [31] [19] that 
shoo knew hire sister Jeanat Scot leave Margarat Finlasounes service 
against the said Margrats will and that John Patersoune went to the 
court with the said Jeanat for leaving ofif his service against his wyfes 
will, after which tym shoo contracted ane uncow and lingering disease 
which shoe keepped till hire death ; and that shoo hes often heard hire 
suspect Margarat Finlasoune for hire sicknes and that shoo heard hire 
often say that shoo wished that shoo had not left hire. As alsoe the said 
Bessie depones that shoo hireself suspected the said Margarat for hire 
sisters sicknes. (Signed) W. Winnett ; Jo. Maule. 

" William Knox, being sworne, depones to the [19] 16 that his step- 
daughter, Margarat Jack, went in to Margarat Finlasounes house qhen 
hire bairn Mathew was sick and stayed all night, and cam home and 
took sicknes and died within 8 dayes thereafter, and that the said 
Mathew within a litle grew better. (Signed) W. Winett ; Jo. Maule. 

"Wiliam Duncane, being sworne, depones to the [15] [14] article 
that he heard Thomas Lich (a confessing wharloch) say to him and John 
Yron that Margarat Finlasoune was Robert Patersounes death : John 
Yron, being suorne, depones this same except that he sayes that he 
heard the said Thomas say that shoo had some moe with hire. (Signed) 
W. Winett ; Jo. Maule. 

" John Patersoune in Yoker, being sworn, depones to the [8] that he 
knew Margarat Patersoune take ane uncow disease that he never saw 
the lyck of it, and shoo suspecting Margarat Finlasoune cryed to send 
for hire sone and that after that tym he cam in and his mother after 
him and shoo looked to Margarat Patersoun and prayed God send hire 
hire health, and presently the sick las grew better. (Signed) Johnne 
Pattersoune; Jo. Maule. 

" [Robert Morisoune, elder in Kilbuie, being sworne, to the 
depones nothing]. (This is deleted.) 

" [Jeanat Cynyngham, being sworne depon . .]. (Also deleted.) 

" Marioune Angous, sworne, depones to the [37] [22] that shoo 



1650. CHARLES I. 231 

Mwoeiiaaeaiu offeiTed to Sell a paiie of hose (qnhicb was too litle for hirself) to 
^^^^ Jeanat Yong, qhich Jeanat Yong said was to Margarat Finlasounes 

daughter by commissioune from the said Margarat, and afterward, 
haveing gotten counsell from hire mistress not to sell them to Margarat 
Finlasoune, shoo refused to sell them, and within a day or tua therafter 
shoo contracted ane sore disease and a swelling in hire bodie. And further 
shoo depones that hire maister, John Yron, said to hire that if shoo 
refused to sell them shoo would rew it, qhich fell out as is aforesaid. 
(Signed) W. Winett; Jo. Maule. 

'* Marioune Millar, being swome, depones to the [14] that shoe heard 
Margarat Finlasoune curse and ban Bobert Patersoune and his wyfe, and 
say the devill grind the said Robert as small as gunn powder among the 
mill wheeles, and that shoo should doe him ane evill turn and he should 
not know of it. (Signed) W. Winett ; Jo. Maule. 

" Agnes Rodman, swome, depones to the [24] that Mai^arat Finlasoune 
cam in lo hire fathers house about the ringeing of the last bell to 
sermone the day of the asyse, and desyred hire sister Helen Rodman to 
Koe to Thomas Lich now quhen the gate was quyet and desyre him to 
eat in that which he had spoken of hire, and shoe would give hire quhat 
ever shoo pleased for hire hyre ; and, quhen she said shoo behoved to 
goe to kirk, shoo desyred hire to goe aftemoone ; and quhen shoo cam 
back again aftemoone, shoe heard that shoe asked if hire said sister hade 
gone to the said Thomas. (Signed) W. Winett ; Jo. Maule. 

''Marioun Eistoune, swome, depones to the [14] that shoo heard 
Robert Patersoune say qhen he cam in to his wyfe that he had found some- 
thing in the yeard, and qhen shoo speared quhat it was he said that it 
was something bound together lyke a pouche ; and his wyfe, suspecting 
witchcraft (as shoo thought), was verie sorie and would have gone out 
that same night and have burnt it, but he hindered hire till the morrow 
that he and shoo went both out togither, and quhen his wyfe brought it 
in in hire hand and hade openned it there was 3 coloures of worsat in it 
and a bane prick and a lead broach, and three coloures of yame ; and 
immediatly therafter he took ane uncow disease and often tymes said he 
was as he hade been rested betwixt tua fyres and cryed that they would 
cast one cold water upon him and of tentymes he was chikkering for cold. 
Depones lykwyse that shoo heard the said Robert say that he hade 
gotten a drink of milk from Margarat Finlasoune qhich he thocht never 
gad from his heart. (Signed) W. Winett ; Jo. Maule. 

''Jeanat Gembill, being sworne, depones to the [24] article that 
Margarat Finlasoune cam into hire house and desyred hire daughter, 
Helen Rodman, to goe to Thomas lich (a confessing wharloch) and see if 
he would say that in hire face quhich he had spoken of hire or if he would 
denay it, and shoo would give hire ane heire for hire paines. And qhen 
she told her that shoo hade ane evill report of hire nighhours, shoo 
answered, * Well, if I have dayes and escaip at this tym' (shoo knowes not 
whither of the tua expressiounes she used), but shoo knows shoo said 



232 REGISTER OF THE COUNCIL. 1650. 

they should pay for it, and qhen shoo asked how, shoe said, * And hire MiMoUwieoiu 
hands be to the fore,' and stopped there. (Signed) W. Winett; Jo. *^"' 
Maule. 

" Jeanat Patersoune, sworne, depones to the [12] 11 that shoo saw 
hire goodame pull the kale out of Margarat Finlasounes yeard, quhich 
shoo suspected the said Margarat had pulled out of hire yeard befor, and 
that shoe saw hire goe in to Margarat Finlasounes house, and verie 
shortly thereafter hire said goodame, James Patersounes mother, took 
sicknes quherof shoo died. (Signed) W. Winett ; Jo Maule. 

'' James Landess, sworne, depones to the [14] [15] article that he 
heard Thomas Liche say that Margarat Finlsoune had hand in Robert 
Patersounes death. (Signed) James Landess. 

" Crystian Patersoune, sworne, depones to the [3] article that Margarat 
Finlasoune came to hire and desyred hire to bid hire goodman, Robert 
Gembill, goe to John Yron and speare at him quhat he would be at, qhich 
shoo told hire husband, but he refused and bade hire tell dbhe said 
Margarat qhen shoo cam again that the thing that John Yron was 
seeking was to have her burnt, qhich shoe sayes shoe told hire quhen the 
said Margarat cam again to hire to speare if hire goodman had gone to 
John Yron ; quherupon the said Margarat cursed the said John Yron and 
said, 'God confound him/ and wished him to goe undermost into the pit 
and all that beleeved him above him. Depones, moreover, that shoe 
desyred hire to goe to hire father, James Patersoune, and bid him 
denay the thing that he had spoken of hire, and, if he would doe it, shoe 
would be frinds with him, but if not, shoe should never gree with him 
soe long as hire eyne were open. And depones lyk wyse that shoe hes seen 
great appearanc of malice and heard hire ordinarly curs. 

" Also, the said Chrystian Patersoune depones to the [22] [17] article 
that she heard hire alwayes by the brut of the countrie that shoe was 
suspected of witchcraft. (Signed) W. Winett ; Jo. Maule. 

"The [21] article is to be verified by [these three] the minister, 
[John Spreule], John Symmervell, bailei, Georg Winet. (Words in 
brackets deleted.) 

"To the [14] article Margrite Gilmore, sworne, deponis that in the 
tyme of Robert Patersone hir umquhil husbandis seiknes he was going 
from his owne house to the Yocker, and she went with him to waite on 
him, and Margrit Finlasoune did meit them, and they both went of the 
way and yet the said Margrit did crose the way thrise on them both, go 
wher they lykit to goe. (Signed) Jo. Maule; G. Winzett, elder; J. 
SpreuU, elder. 

" Wiliam Patersone, sworne, deponis that he did heare Margrit Gilmor 
werry angrie with Margrit Finlasone, and that the watter did tak away 
the boat, bot knowis not how long affter that tyme it was, bot rememberis 
Weill that itt was after that tyme. (Signed) William Pattersoune ; 
Jo. Maule. 

" Robert Gemble, sworne, deponis to the [15] article that he did 



1650. CHARLES I. 233 

MtsoeiiADeotti heaie Margrit Gilmore werry angrie att Margarit Finlasone qhen they 
^^^ cam ower together in the said Margrit Gilmoris boat, aud that he dois 

remember that the boat was taken away with the watter bot can not 
remember how long itt was after that tyme, bot he knowis that itt was 
after that tyme. (Signed) Jo. Maule; Adame Gemmell, elder; J. 
Spreull, elder ; G. Winzett, elder. 

" To the [24] article William Patersoune, sworne, depones that one of 
Margarat Finlasounes cowes being pushing on of his cowes that was 
with calfe, and, he runing at the said Margarats cow to stryck hire cow, 
shoo hirself being present, he fell in the tym that he was strycking 
hire ; and the nixt yeare that same cow (and that same calf shoe was 
with at that tyme) that hire cow was pushing, with uther tua cattell 
died, quhen noe uthere in the towne aither died or mis[th]ryve except 
his and them that was in the house with him. Depones, moreover, that 
ever sine that tym sino he strack the said Margarats cow, all the rest 
of his cowes hes been yeald and never looked sine. (Signed) William 
Fattersoune; Jo. Maule. 

" Alexander Patersoune, sworne, depones to the [15] article that he 
heard Margarat Gilmure angrie at Margarat Finlasoune qhen they 
cam over in the boat together, and remembers well that the water took 
away the boat therafter, but he knowes not how soone. 

" Lykwyse he depones to the [24] article that he knew that William 
Patersone had 3 or 4 cattell died within this year or 2, and the rest of 
them did misthryve soe farr that he hes heard the said William say 
that it were better for him to fell his cattell then to keepp them, for 
he was lyk to lose both the corn that he gave them and the cattell 
themselves. (Signed) Jo. Maule; W. Winett. 

"Alexander Duglass, sworne, depones to the [24] that he saw 
William Patersoune run at one of Margarat Finlasounes kye and strick 
hir becaus shoe had pushed one of his kye, and the said Margarat cam 
out and saw him, and in the tym that he was runing at hire he 
snappered and lighted upon ane cart wheele, and after that, that same 
cow that the said Margarats cow was pushing, with some uther 3 or 4 
died, but he remembers not how soone after, but he thinks it was the 
winter immediatly following the foirnamed discord. And depones, more- 
over, that the rest of the said Williams kye hes never thryven but hes 
been yeald, and the kye that stands in this same byre and feeds upon 
this same pastoure with them gives milk. Depones, moreover, that 
about 14 dayes befor the said Margarat was apprehended he heard hire 
say, ' If I had been the woman that I am called, I might have done ill 
enough to all your kye qhen your stead sone, Wiliam Patersoune, cast 
a whinger at my cow.' (Signed) W. Winett; J. Maule. 

''Jeanat Gilmuire, sworne, depones to the [24] that shoe saw 
Wiliam Patersoune runn at one of Margarat Finlasounes kye to stryck 
hire that had been pushing one of his kye, the said Margarat being 
present, and that shoe saw him fall when he was runing at the said 



\ 



234 REGISTEK OF THE COUNCIL. 1650. 

Margarats cow and lighten upon ane cart wheele, and within ane yeare Mi9ceiiAii6oii;» 

and ane half the same cow that Margarat Finlasounes cow was pushing ^^^ 

with uther 3 died, and all the rest of his kye that are liveing sine hes 

never thryven nor given milk, as hire kye does that feeds upon this 

same pastoure with them and stands in this same byre. As alsoe the 

said Jeanat depones that Mai^arat Finlasoune about 14 dayes befor 

shoe was apprehended said to hire, ' If I had been one of these women 

that I am called, I might have done ill enough to all your sones kye 

quhen he cast a whinger at my cow.' (Signed) Jo. Maule ; W. Winett. 

" John Aime, sworne, depones to the [1] article that his wyfe never 
made a mutch to one of hire ovme bairnes nor yet to any utheres, 
nether was shoo ever a semester to hire tread. 

" Moreover, to the [8] article he depones that he knowes befor the 
sicknes cam upon Margaret Fatersoune, the said Margarat Finlasoune 
was verie feared by occasioune of the executioune of Thomas Lich and 
Jeanat Mountgomerie, qhich he knew by his owne earnest dealing with 
hire husband to aggree him and hire, and hire husband promised to doe 
soe and bring him ane answere, and therafter told him that he had 
spoke to his wyfe but it would not be ; but about the tym of the 
executioune shoe sent sundrie to tryst for aggreement both with him 
and uthers ; and the night immediatly preceeding the said executioune 
shoe sent hire sone to him to that effect, who cam into his house, not- 
withstanding he had not been in it a quarter of [a] yeare befor, and 
pressed him to aggree with hire, and qhen he refused he used that ex- 
pressioune ' Albeit my mothere die at this tym, it may be we die not 
all.' (S^ned) W. Winett ; Jo. Maule. 

" Katherine Angous, sworne, depones to the [1] article that shoe 
never was a semester to hire tread, and never sewed a mutch to one of 
of hire owne bairnes or to any uthere bodies, except that mutch which 
shoe made to Margarat Finlasoune, and that shoe marvelld that shoe 
brought hire a mutch to sew that had never sewed one befor, but shoe 
sayes that shoe did it for feare becaus shoe had no will to anger, for 
shoe suspected that shoe was not good. (Signed) W. Winett ; Jo. Maule. 

" James Patersoune, sworne, depones to the [8] article that he knew 
Margarat Finlasoune to be exceedingly affrighted upon the occasioune of 
Thomas Lich his executioune and Jeanat Mountgomerie, and that it was 
about the tym of Margarat Patersounes sicknes, and depones that he 
knew the said Margarat to be verie feard by hire coming to him after 
hire sone had been at him befor and had quarrelled him for goeing to 
Thomas Liche, and said that he hade been garring him make lies upon 
honest folk, and that shoe at hire owne comeing said the lyk, and spake 
of hir owne feares particularly, and shew hirself (as he thought) verie 
feared and suspicious-lyke. 

" To the [9] article he also depones that Thomas Lich said to him 
that he had gotten mikle wrong by his neighbour, Margarat Finlasoune, 
and it was begun 18 yeare sine. 



1650. CHARLES I. 235 

HisoeiiAneoas " The Said James Paiersoune, being swome, depones to the [3] article 
^"^ that in harvest last John Airne took sicknes, and ever sine some of 

his houshold hes been sick. 

" To the [5] article he depones that he never heard that Gabriell 
Patersoune hade gotten a fall or that ever any cause of his sicknes was 
knowne to any. 

"Moreover, he depones to the [11] article that that same night that 
his mother cam out of Mai^arat Finlasounes house shoe took the sicknes. 

''To the [13] article he depones that qhen he was greeing his 
marriage with Marioune Robisoune, his wyfe, whose milk he afterward 
suspected Margarat Finlasoune had taken away, shoe being the said 
Margarat Finlasounes servant, the said Margarat was at the greeing of 
the marriag and seemed to be verie great with him and hire, and in 
the meantime shoe said that shoe could eat and drink with them that 
shoe would finde in hire heart to put a whinger to there heart, and in 
that meane tym he suspected that shoe meaned by him and quarrelled 
hire for it. 

"To the [14] he depones that he never knew Robert Patersoune and 
Margaret Finlasoune gree betwixt the tym of there discording and the 
tym of his sicknes. (Signed) W. Winett ; Jo. Maule. 

" Jeanat Gilmuire, being swome, depones to the [1] article that shoe 
knows John Airnes wife not to be a semister. 

" To the 3 article shoe depones that sine harvest last John Airnes 
houshold hes never beene well all at one. 

"To the [8], being sworne, depones that that same day that 
Margarat Patersoune took sicknes shoe knew Mai^arat Finlasoune to be 
very feared upon the occasioune of the executioune, by dealing with hire 
very earnestly to cause hire sister Margarat to gree with hire, althoe 
shoe had refused to gree with hire sister qhen shoe ofifered to gree them 
and caused hire drink tuyse to hire, and the said Margarat Finlasoune 
refused to pledge hir. 

"To the [14] article shoe depones that schoe knew thai there was 
discord betwixt? the said Margarat Finlasoune and Robert Patersoune 
and his wyfe and that they never greid therafter. (Signed) W. Winett; 
Jo. Maule. 

"Marioune Robisoune, sworne, depones to the [13] article that shoe 
heard Margarat Finlasoune say quhen shoe and hire goodman was greeing 
about there marriage that shoe would eat and drink with them that shoe 
would put a whinger to there heart, and this was the meane tym quhen 
they were at the table quherat they did eat and drink, and shoe heard 
hire goodman James Patersoune quarrell it ; and depones, moreover, that 
shoe hes heard the said Margarat say that shoe had hire husband James 
Patersoune at no goodwill. (Signed) W. Winett ; Jo. Maule." 

" Edinburgh, 29 Junij, 1650. The Committie appoyntit be the Parlia- 
ment for tryall of the witches recommends to the Justice Deputts to revise 
the proces abovewrittin and report their opinion to the said Committie.'' 
" John Calbraith, sworne "... (nothing further) . . . 



236 REGISTER OF THE COUNCIL. 1650. 

3UtMayi6M. 231. '' Unto our verie honorable Lords, the Lords of His Majesties Miscellaneous 
AppHcation to most honorable Privie Councell, the commissioners appoynted for ex- *'^"" 
the commis- ecutione of Issobell Alexander do humbly remonstrate, That wheras 
trying isoboi J^ur Lordships were pleased to give a commissione to us, your Lord- 
witchcraft!^*^ ships humble servants, Andro Hay of Hayestoune, John Scott of Hund- 
regarding hillshopc, James Scott of Cruikstounc, William Douglas younger of 
hmo^nco °' Spittallhaugh and M' Alexander Spittall, younger, of the date the last 
uncertain ^^ Januarie, or any three of us, for tryall and executioime of Issobell 
Alexander, one incarcerat in Pebles for witchcraft, wherin then and 
ever since we have bene most willing to execut your Lordships com- 
mands ; but though many things be knowne to us as great presumptions 
of her guiltienes, yet they can not as yet be got so cleare as to give light 
to a jurie for convicting her (she passing from all her former confessions 
mentioned in your Lordships commissione, and standing stubbomely to 
the asserting of her innocencie), we, feareing if we should have rashly 
proceeded to have fallen in one of these two extrems to absolve the 
guiltle or fyle the innocent, have hitherto laboured for clearing in 
the mater, which (notwithstanding our utmost indevours through 
such obstructions as the enemie of truth hath thrown in our way) 
hes hitherto bene mightilly retarded, and, while we are thus in- 
devouring, we meet with letters of horning to put her to the tryall of a 
jurie befor the last of May or be denunced, which (besids that it can 
hardly be done, the time being so short as a jurie can hardly be called) 
we resolve to obey, though we conceave it may prove a meane to fall 
into one of the forementioned extrems, and rather the fii^t then the last. 
This we thought our dutie in all humilitie to represent to your Lord- 
ships that if so your Lordships could think fitting she might be 
remitted one caution to a more exact tryall to the paroch wher she 
lived formerly, and in all this we submitt and are, Your Lordships most 
humble and obedient servants. (Signed) A. Hay of Hayistoun : Jo. 
Scott of Hundilstop ; A. Spittall." 

[On the back] *'Edinbui^h, penult Maij, 1650. It is the humble 
opinioun of the Committee that the charges of hornyng raised and 
execuite against the supplicants within named be suspendit and dis- 
chargeit, and that the haile depositiones and confessiones maid be the 
prisoner within named, togither with all the delatiounes against her be 
exhibit befor the Comittie betwixt and the day of June instant 

to be considderit befor giveing answer to the supplicatioun within- 
written. (Signed) W. L. Torphichen, LP.C." 

"Edinbui^h, 31 May, 1650. The Estates of Parliament approves 
the report abovewrittin and suspends the letters qnoad the Com- 
missioners. (Signed) Loudoun, Can"rius, I.P.D.P." 

(J. 1660. 232. "To the Honorable Lords of Privie Counsell the humble 

Petition of the Commissioners of the Gtenerall Assembly. 



1650. CHARLES I. 237 

MiMseUaneoas Being certainly informed of the f reqiient resort to this kingdome of Petition from 
*****"• some sectaries who goe abroad in the countrie for perverting and rio„^"JjTSio 

seduceing of the people to their errors, we thought it our dewtie to ^J^^^L 
represent so dangerous ane evill to your Lordships, earnestly desiring anent certain 
that your Lordships may be pleased to provid what you shall find have appeared 
necessary for restraining and preventing the dangerous and pernicious *°*^®^*°^^°'"" 
pmctises of such cuning impostures. (Signed) A. Ker. 

The Councel thinks fit that some effectual course be tane in this 
particular and appoynts the Lord Gassills and Advocat to peruse 
the Councel acts formerlie made anent papists and to report thair 
opinion." 

233. " as principall and cautioner and surety for mec. 1660. 

do heerby bynd and obleidge us, conjunctly and severallie, that, I the said ^nd of 

shall be obedient and answerable to the lawes of the kingdome, men^« of the 
and shall satisfie and redress all pairties that have since the date of any ^^^ ^regor. 
capitulations made in my favors by publict authoritie, or shall in tyme 
comeing susteane any harme or scaith by me, and that I shall appeare 
personallie before the Lords of his Majesteis Privie Counsell, Committee 
of Estates, or his Majesteis Justice whensoever I shall be charged for 
that effect upon fyfteen dayes warneing, and answere to whatsoever 
complaints to be made against me, and that I shall not do nor attempt 
any thing to the prejudice of the peace of this kingdome by joyneing 
with any of the enemyes theirof, or otherwise contrare to the tennor of 
the bond mentioned in the Act of Parliament of the 26*^** of January, 
1649, quhich is halden as herein exprest; and further that I shall not 
intrude myself in any mans houses or lands, nor disturbe them in the 
peaceable possession thearof, and that I shall not haunt nor be found in 
companie with ten of the said Clangregor at any tyme heeraf ter without 
speciall permission of the Parliament, Committee of Estates, or Secreet 
Counsell, and that I shall quyte, forsake and never take unto myself 
the name of Clangregor in tyme comeing, but shall take unto myselff 
some other surname. And I, the said as principall and , as 

cautioner, do faithfuUie obleidge us conjunctlie and severallie, as said is, 
that I the said shall duely observe, keepe and fulfill all the 

premisses and every article theirof under the paines foUoweing, viz. : I, 
the said to bee esteemed ane rebell and proceeded against accord- 

inglie, and also I and my said cautioner conjunctlie and severallie under 
the paine of to bee payed to the publict, incaice of faillie: 

Consenting for the more securitie that these presents be registered in 
the Books of Parliament, Secret Counsell, or Committee of Estates, that 
all execution, personall or reall, may pass heerupon which hath beene 
ordinary in the lyke cases, or which the Parliament or Committee of 
Estates or Secret Counsell shall think fitt, and to that effect constitutes 
our procurators, promiUen. de rato. In witness whereof I and 
my said cautioner have subscrybed thir presents with our hands at 



238 REGISTEE OF THE COUNCIL. 1650-1. 

the day of one thousand six hundreth and Misc^Uaimoiu 

years before thir witnesses." Papers. 

[Endorsed] " Bond by the Clangregor." 

e. 1660. 234. [Another draught of the preceding Bond, not so complete.] 

^. 1650. 235. "To the Lord Commissioner his grace and Honorable Lords 

of Privy Councill, The Humble Petition of the Magistratts, 
dean of gild and Thesaurar of the burgh of Kirkcaldy, 
sheweth, 

PetitioD of the That the petitioners are latly charged at the instance of Sir John 
KhScaWyfor Wcymcs of Bogie to make payment to him of thrie monethes old 
of a^S!*'*^'^ mantinence, viz., September, October and November, 1648, the exacting 
and uplifting of quhich old mantinenc being by his Majestic upon most 
grave and serious considerations for born for some tyme, is now elapsed; 
and seing the toune doeth groan under many heavy burdens of cesse, 
taxation, and besyds that the advancing or fif tie U. sterling monethly to 
the companyes of the forces that doe ly there, so that if at this tyme 
the petitioners shall be distrest for these old rests, they shall be 
necessitat to desert and leave the burgh. Wherfore it is humbly desyred 
your grace and Lordships upon the consideration f orsaid would be pleased 
to suspend and continow the exacting of the said cesse for some further 
t)nne." 

[Undated, 236. Bond of caution by John Blackball of that Ilk in 10,000 merks 

• 1AR0 1 

c ti b ^^^ '^^^ Gilbert Menzeis of Pitfoddells that the latter will keep the peace 
John Blackball with . . . Forbcs of Leslie and his household and conduct himself 
Sir GHbert ^^ Otherwise as a peaceable and obedient subject ; with clause of relief. 
Pitfl^deia! S^ncd by the parties in presence of the Council. 

c. 1651. 237. " Whereas by Act of Parliament, daited at Stirling, the penult 

Obligation by day of May j"vj*^ fyiftie ane yeires, wee undersubscryvers are ordaynit to 



memb 



Pariiamentand give band to the Estatcs of Parliament, they being sitting, or to such as 

nc?t°to*MekThe sh^lb® authorized by them in the interval of Parliament, that wee shall 

S^t h °^ ^be^ never directly nor indirectly seek nor indevoure to repeall any of the 

passed auent lawcs and acts of Parliament which are for establisheing and promoveing 

espwSiy aucb of religion, especiallie such as have beene since the yeir j™vj^ fourtie 

been wwsed ®^8^^ ycircs for that effect, and siklyk that wee shall never directlie nor 

since the year indirectly scek to revenge ourselves any way upon any man for oppose- 

ing us in the matter of the sinf ull engadgement, or for opposeing us in or 

for censureing us for any malignant course whatsomever ; and that wee 

shall not quarrell nor indevoure to alter any offices or places of trust or 

power, as they ar presently possessed according to their rights, contrair 

to the foi*8aid Act of Parliament, daited the penult day of Maij 

jniyjc fyftie ane yeires ; thairfore wee doe willingly and in obedience 



1651-2. CHARLES I. 239 

MtseeUaneoiu to the aforsaid act bind and obleidge us, each on of us for our 
^^' awne selves allannerlie, to obtempter and obey the said act in all 
premisses with certificatioune and under the payne following, viz., that, 
if wee or any of us as aforsaid shall faill in the premisses or any of 
thame and doe in the contrar heirof, then the samen being found and 
declared befoir the Parliament, Committie of Estates, or Privie Counsell, 
in maner conteenit in the forsaid act, the faillyear shall amitt and loose 
his capacitie of sitting in Parliament or injoying of any other office or 
place of trust or power wherein he is for the time, and shalbe content 
thereafter to be removed thairf rae that the place may be declared voyd 
and be filled conforme to lawes of the kingdom. (S^ned) Craig- 
miliar; Balthyok." 

238. " Apud Glasgow, dedmo octavo Aprilis anno Domini, 1652. isth April 
The quhilk day the proveist, bailyeis and counsell of the said brughe ^^^ 
being conveined, Forsameikille as of befoir report was maid that Robert collector at°the 
Sempille, wha was coUectour at the old mylne of Partick, had givine pj^^" ^n. 
upe ane schort compt the last weik of his coUectioune be not giveing dieted of 
upe all the maskis of malt that was ground at the said mylne the said fraadaient 
weik, and giveing upe bollis for maskis, thairby deteaneing back some i^t^^k'of ^ 
of the townes moneyis and dewis, and he being this day present in *»" ^^"•c*'*^"- 
judgement to answer thairto, as also Johne Reid, wha calls the malt 
horses to and from the said mylne, Johne Corse and William Purdoune 
mylnears thairat, being wamet and compeirand to beir witnes in the 
said mater, the saidis thrie witnesses being solemnlie sworne and 
examinet in presence of the said Robert Sempille himselfe and the 
compt givine in be him of his said last weikis coUectioune being par- 
ticularlie red anent quhat malt was ground at the said mylne and takine 
away everie day, and the saidis thrie witnesses being examinet and 
interrogat thairintill, in some dayes thair depositiounes did aggrie with 
the said Robert his compt, hot did dififer in the most pairt ; all this being 
done in presence of the said Robert himself, as said is, and thair 
depositiounes and his compt being compared, it was fund that the said 
Robert had givine upe thrie maskis malt les nor he sould have done 
(the maskis of malt following being also compted and layd by, viz., twa 
to the coUedge, ane to M' Robert Bailyie and four to the gorballs), and 
that he had givine upe in compt seivine bollis malt to have beine grund 
at the said mylne that weick, quhairof four of them was full maskis, 
and so deteanet thairby the dewis to be payed for four firlottis, in 
respect it was deirlie provine be the depositiounes of the saids witnessis 
that thair wes onlie thrie bollis malt ground that weick at the said 
mylne, and so it was maid most manifest and knowne that the said 
Robert Sempill had wronged the towne in deteaneing bak of its dewis, 
he being suffioientlie satisfeit for his paynes and service ; and the said 
Robert, being interrogat quhat he could say to these particulars provine 
against him, replyet that the said John Reid quha callis the said malt 



240 REGISTER OF THE COUNCIL. 1652-60. 

horse to and from the said mylne durst not nor wald not say that he Miaoeiianeoiis 
had gottine payment for all the malt he had led from the said mylne '^^^^ 
that weick ; quhairunto the said Johne answerit quhither the said Robert 
had gottine satisfactioune or not for the dewis of the said malt caryed 
be him out of the said mylne that weik he could not tell, bot he was 
not permitted at no tyme to carye any malt out thairof that weick 
without licence of the said Robert first had and obteanet thairto ; and 
the saidis magistratis and counsell haveing advyset thairanent, they 
ordanit the said Robert to be deteaneit in waird quhill he pay to James 
Bomis sone moneys he was restand of his preceiding weiks coUectioune 
and the dewis quhilk he aught to have payed for thrie maskis and ane 
boll malt omittit and not givine upe be him in compt, as said is. 
Extractit furthe of the Counsell buikis of the said brughe be me, 
(signed) W. Yair." 

2i8t March 239. Bond of caution by David Ramsay of Balmaine, younger, for 

Caution by Alexander Melvill in Pitnamoone, and John Hwd, prisoners in the tol- 
David Ramsay booth of Edinburgh, that on being liberated from prison they will 
youngenfor Compear before any judicatory in this kingdom whenever cited and 
MeMUeand a^swer to any crime laid to their charge, under a penalty of 2000 
John Hood, mcrks : dated at Edinburgh, 2l8t March, 1660; witnesses, David 

pnsonera m _ . it-i^. i-ri-K«- • .-r^i. 

the toibooth of Peter, servitor to the Lord Register, and John Murray, writer in Edm- 
^^^^^^' burgh. 

17th October 240. Notc of cxccution by Robert Hamilton, one of the ordinary 

J^* macers to the Lords of Council and Session, at the market cross of 

fortheappre- Edinbui^h ou iVth October, 1660, in the forenoon, being the chief 

ArchibaW ^^"^ market day there, where by sound of trumpet he read a warrant to a 

w^"**to °^ herald, named Andrew Ly tlejohn, who made intimation to his Majesty's 

lieges, that if any person or persons could apprehend and bring in Sir 

Archibald Johnstoun of Waristoun to the Committee of Council they 

would be rewarded ; witnesses, James Wallace, also macer. Lues Men- 

teith and Patrick Nisbet, messengers, and many others. 



APPENDIX 



TO 



MISCELLANEOUS PAPERS. 

e. 1544-1660. 



vou VIII. 



PRIVY COUNCIL PAPERS. 



MiaceiianeoiiA 1. "My Lordis, It will pleis your Lordships to be informit for thee I6i4. 



PiApers. 



pairtis of our soverane lady, and Jonet and Margrete Dischingtonie anient ^p^^]^J^^*^^ 
the allegeance maid for the pairt of Thomas Dischingtoun, berand that u necessary to 
oure umquhill soverane lordis revocatioun neydit necessarilie speeiall SeTrey^uon 
declaratour thaireftir or the infoftmentis cumin under thesamyn nieychtgyhb^ato*"** 
be takin away, your Lordshipis sail undirstand the said declaratour isMajosty, 
nocht necessar be the law, as my uther inf ormativis beris, nor yit be the 
pi*actik, in respect of the said generall revocatioun berand expres cassa- 
tioun of all tailyeis maid in his hienes minoritie and ordanand the said 
revocatioun to be of als grete effect and als lai^elie extendit in generall 
and in speeiall as ony revocationis maid be dny his progenitouris, kingis 
of Scotland, of befoir, and dpecialie be hi&derrest fader and King Janies 
the Secund ; and it is of veritie that his grace derrest fader revokit all 
resignationis ressavit be King James the Thrid to the exheredatioun and 
disheresing of the rychtuus airis, be quhilk revocatioun he ordanit the 
samyn to be of nane avayle, force nor effect in ony tyme cuming, but 
that all personis hurt thairby be vertew of the said act restorit in 
integrum like as thai wer of befoir the ressaving of the saidis resigna- 
tionis. And, sen our said soverane lordis revocatioun that last decessit is 
ordanit to be of als grate effect as ony his predecessouris and specialie 
of his said umquhill faderis revocatioun, necessario seguitur that be oure 
said umquhill soverane lordis revocatioun all sic infeftmentis as is libellat 
wes cassit and annullit in the self without ony uthir declaratour." 

2. " Memorandum," c. 1560. 

" Item, gif this contract be maid of the dait now priesentlie it suld Contract 
nocht conteine thai wordis (£f ter his perfit aege of xxiiij yeris) for he Earl and 
is past the aege of xxxi yeris, and thairfoir it is nocht neidfuU to mak cmwfui^'. 
mentioun of his aege, for that supponis that he is past laitlie. xxiiij yeris, ^ "this daws 
quhUk we will nocht grant. "^'**^'*" 

" It is to be providit that at the secund redemptione, quhilk is to be i «(zzijday of 
maid at Witsounday in the yeir of God v® threskoir, that the M^isterjjJ^TJ^^^^^^ 
certefei the Erll in dewe tym of the day quhilk he appointis to the the xzix of 
redemptione forsaid, and that it be tua or thre day is afoir the terme big^nl to dedar' 
Witsounday for ingetting of silver for redemptione of the saidis landis. q^h^t Syer^^ 

"It is to be providit that the maister mak the wameingis sufficient it «ibe, etc." 
agane the feist of Witsounday nixt, that the said Erll tyn not his proifit 
thairthrow. 

^ The marginal notes are in another handwriting. 



244 REGISTER OF THE COUNCIL. 1560. 

" It is to be providit that the Maister faill nocht to male laachf ull MUeeiianeon* 
premunitione for all redemptionis yeirlie in all tymis cuming as silver ^P*"- 
happynnis to be gottin in, that it may be want confonne to the pro- 
visione of the contract now last maid, and that he attempt nocht to in- 
tromett with ony proffittis of the saidis landis that ar to be redemit 
unto the tym the haill erldoni be redemit. 

'' Item, anent the artikle of Carney, etc., it will pleis your lordship 

extend that part mair cleirlie, prowyding that the said Erll suld nocht 

" Ordenis to ]^ haldiu to assist to the said Maistar contrar thame quhom he is 

stand as it ^ 

doiflofbefor." oblcist to warrand. 

'' It will pleis your lordship, sen this contract is maid and wes 
devisit halely for stanching of all pleyis, debaitis, and besynesses in tym 
cuming and intertenyng of amite and hartlie kyndnes betuix the saidis 
Erll and Maister and their posterite, and that the haill declaratione 
thairof is submittit to your lordship, and that it may weill and cleirlie 
appeir be the obligationis now ratefiit that the said Maister is obleist 
nocht to persewe the said Erll in ony of his herett^es quhilks ar 
reservit to him of the said erldom or any utheris his lands or here- 
taige quhatsumevir, that your lordship will deir the said artikill 
of Carney, etc., prowyding tharintil that it be nocht lefull to the 
said Maister to peraewe the said Erll upoun the reductione of his 
heretable infeftment therof, uthairwayis it wilbe the begynnyng 
of ane new pley betuix thame contrar the mynd of the contract. 

rin the Eari's « Item, I dcsyr to be clerit in this last contract that the Maister 

handwriting. J *' 

sail nocht persew me for ony dettis, landis, obligationis, arshippis or 
utheris chargis as air and successour to his guidschir and fader 
respective, and that confomie as he hes me bound to warrand him 
of all detis, bandis and obligationis, etc., maid be his gudschir to my 
breder and fader breder, etc. 

[The following portion is in another handwriting]: — 

"Reversion of the customes of Dunde maid be Issobell Deuer(?) 
contenand the sowme of j™ merkis. 

" The reversion of outquitting of the myln of Downy upon the sowm 
of ane hundreth merkis. 

" The reversion maid be the vicaris of the queir of Abirdene for re- 
demption of X li. of anuell rent of the customes of Abirdene contenand 
the sum of iij° merkis. 

"The reversion of the landis of Levington pow fra the Lard of 
Powre and possessouris thairof, contenand the soum of v*^ merkis. 

" Item, the said Erie to deliver the sowme of vij^ 1 merkis for redemp- 
tion of the landis of Kylhill, Sandfurd and Begwit, of the quhilk 
the Erie sail pay vij huudreth merkis and the maister 1 merkis, 
quhilk salbe allowit to him of the first proffettis. 

" Erll of Crawfurd." 

" The secund day of Junij in the Ix yeir is Witsonday." 



1573. CHARLES I. 245 

Mnceiimneous 3. *' My Lordis Kegent and of Secreit Couiisale, unto your Grace and 8th-i5th 
***"" Lordshipis humlie menis and schewis, we, your servitouris, Maisteris J^? ^' 

Johne Spens of Condy and Bobert Crechtonn of Eliok, Advocatis to our Mr. John 
soverane lord, that quhair the jowells, houshald stuf, munitions and c^^^^and Mr. 
movable gudis quhatsumevir, sumtyme perteuing to our soverane lordis ^^[e^u" 
mother, the Queue, and perteuing to his hienes sen his coronatioun, ar Advocates, 
disparsit and fallin in the handis of diverse subjectis of this realme and Lord Tor^"' 
utheris, quhilkis hes the samin and dalie sellis and disponis or hes sauld ^ompeiiedto 
and disponit thairupoun to thair uses, to the greit damnage and prejudice restore certain 
of our soverane lord, quhairfoir it is f undin expedient be his Hienes, belonged to 
with aviso of your grace and haill body of the last Parliament haldin at ^^^^ *^"^' 
Edinburgh in the moneth of Januar last bipast, that your Grace cans 
persew the havaris, ressetteris, sellaris or intromettouris with the saidis 
jowellls, houshald stuf, munitionis and movable guidis now perteuing to 
our said soverane lord, as said is, for recovering and collecting the 
samin agane to his Hienes use and behuif, and hes declarit and decernit 
that your Graces acquittance thairupoun salbe sufficient dischai^e and 
warrand for deliverance of the saidis jowellis, houshald stuf, munitionis 
and movables presentlie and in all tymes cuming, as the act of Parlia- 
ment maid thairupoun beiris. And treuth it is and of veritie that James, 
Lord of Torphechin, in the moneth of the yeir of God j'^v^ 

yeiris, intromettit with and hes in his handis or hes disponit and put away 
the houshald stuf and movable guidis and geir underwrittin, that is to 
say, the rufe of ane reid bed of crammasie velvet freinzeit with gold and 
lynit with reid tafteis, thre courtingis of reid dammase, ane steikit matt 
of reid tafteis, twa pandis of reid crammasie velvet freinzeit with gold, 
ane under cover of reid crammasie velvet freinzit with gold, 
ane ruife of ane bed of tanny dammase with twa courtingis and twa 
hingairs of the same stuf with ane steikit mat of gray, ane bed of blak 
velvet with thre courtingis and pandis of the same all freinzeit with 
blak silk with sex knoppis of blak silk, four pece of courtingis of Turke 
sating and five pece of pandis of the same stuf, ane cannaby of raw silk 
wovin variane hewit with freinzeit of gold on every seme, ane blak 
burde anniallit with gold with ane dowble standart, ane reid chyre of 
crammasie velvet, sex pece of tapestrie, five of thame bot secund , the 
sext utter fyne, with ane coffer full of buikis, with the haill knoppis 
concerning the reid bed and the violet bed, ane clayth of crammasie 
velvet brewderit with silk, and ane palzeoun for the feildis, quhilkis 
pertenit sumtyme to our soverane lordis moder and new to his Majestic, 
and will nocht deliver the samin to your Grace to the effect abenewrittin, 
conforme to the said act of Parliament, without he be cempellit. 
Heirfoir we beseik your Grace that sen the said James, Lord of Tor- 
phechin, is present in Leith neirby this toun, to geve command to ane 
macer or uther officiar of armes to charge him to exhibit and produce 
befoir your Grace and Lordshipis the houshald stuf, guidis and geir 
abenewrittin, the tent day of Aprile instant, and to heir and see him 



\i 



246 EEGISTEK OF THE COUNCIL. 1573-84. 

decernit be your decrete to deliver the sanodn to your Grace to our Miaceihuwcnw 
soverane lordis use and behuii, conforme to the said act of Parliament, ^"' 
or ellis that be the samin day compeir personalie and schaw ane ressona- 
bill cause quhy he suld not do the samin, with certificatioun to him, and 
he failze, letters salbe direct to charge him simpliciter thairto according 
to justice ; and your Grace and Lordships ansuer humblie we bespeik." 
[On the back] " Apud ITaliriidham, octavo AprUia anno Damini, etc,, Ixxiij, 
Fiat ut petitur. (Signed) Jambs, Rbgent," 

Also note of execution by Archibald Douglas, messenger, chaining 
James, Lord Torphichen, to compear ; witnesses, John Litill, bailie in 
Leith, Thomas Inglis and Mowat, servants to Lord Torphichen. 

Thomjis iiigiis " Apud Halyi^idhous, a>j Aprilis, 1573, Thomas Inglis in Newlistouu, 
appeare'for" compciraud for my Lord Torphechin, Weddinsday nixt the xv day of the 
^idien' ®^^^ moncth, is assignit to him to compeir befoir my Lord Regentis Grace 
and to bring and present sic jowellis, houshald stuf and movable gudis 
as he hes or had in his handis quhilkis sumtyme pertenit to the Queue, 
our soverane lordis moder, and now to his Hienes, and to gif his ayth 
de caiumpnia upoun the rest gif he hes just cans to deny it, with certifi- 
catioun as is within-writtin." 
Lord Tor- '' Apud Halyruidhovs asv AprUis 1573, James, Lord Torphechin, 

tokMiorStore^^^"^?®^^^^^ persoualie, wes content and promeist to compeir befoir my 
the property in i^rd Regcutis Gracc and Lordis of Secreit Counsale the mome and to 
bring and present sic jowellis, houshald stuf and movables gudis as he 
hes or had in his handis, quhilkis sumtyme pertenit to the Queue, our 
soverane lordis moder, and now to his Hienes, and to gif his ayth de 
calicmphia that he hes just cans to deny the rest." 

20th March 4. Extract 6f . the Act( of Council anent Alexander, iCommendator of 
Alexander Culross, and the rentals of his abbacy, printed in vol. ii., pp, 348, '349 i 
Commendator dated at Halyrudhous 20th March, 1574, and sighed Alexander Hay. * 

of Culross. • ... .... 

20th May . 5 . " Robert Scot, wit ye us, haifand tryit and examinat this beirare, 

Geo oAber- ^^^^8® Abemcthy, hes fund him apt and habill to use the office of 
uethy certified notaric and hes admittit him thairto, thairfoir ye sail mark his buik' 
i^raoufortho and rcssavc IP Johne Cramont or Andro Jowsie cautioner for dew 
*'®*^®^^**°**^- administration, as use is in sic caissis. (Signed) Ad. Orchad., Quhitting- 
hem." 

Hoiyrood 6. " Apiid Haliruidhous xv Maij, : . . Forsamekill as certane 

May^fL584]. nobill men and utheris of wreittin for and summonit to cum to 

Proclamation this present rynuaud Parliament to advise and conclude upoun certane 
nXemon and gi'elt and wcchtic effaifis concerning our soverane loixi his estate and 
^^ ^^^ *^™® commoun quietnes of his realme and liegis; amangis quhome it is 
approaching necessar that gude ordour and quietnes be kepit and that they cum in 
peaceable peceabiU maner, quhairthrow all occasioun of troubiir quhilkis ony 
gnise. wayis may hinder the gude eflfectas to follow be thair convening may 



1584-85. CHARLES I. 247- 

Misceiiaaeoiu be removit, and thairfoir ordanis letters to be direct chargeing offlciaris 
***"■ of armes to pas to the mercat cr6ce of the biirgh of Edinburgh 

and all utheris places neidfull, and thair, be oppin proclamatioun in 
his Majesties name and authoritie, command and charge all and 
sindrie the saidis nobill men and utheris of hi& estaittis writtin for 
be his Majestie to cum to the said Parliament, that thay cum in quiet 
and peciabill maner with thair ordinal houshaldis and trynis without 
uther armour sauffand thair accustumat maner to ryde with thair 
swerdis and quhinzearis, and in thair cuming, remaining and departing 
that thay behave thame selffis modestlie and quietlie, and on; na wayis 
invade, molest or piersew utheris owther for auld feid or new, or mak 
provocatioun of troubiU in word, deid or countenance, under the pane of 
deid, with certidcatioun to thame that dois in the contrair being appro- 
hendit and tryit be sic nobill men and utheris as his Hienes hes expreslie 
appointit to this effect salbe puneist to the deid with all rigour and 
extremitie in exemple of otheris. James R" 

7. Letters under the Signet directed to Robert Davidsone, William 9th August 
Grig, and JohaAnderson, messengers, narrating that some evil-disposed ^' 
persons have lately " sinisteruslie purchest in privat maner oure utheris charging John, 
letteris chargeifig our rycht traist cousing, Johne, Erie of Athoill, and f^^o^^^**^"' 
utheris specifiit thairin to dimolisohe, cast doun and distroy the biggit^®^^.^.'^ 
lyn of the kaith upon the Water of Elicht and being distroyit to stopiinnonthe 
the heritabill possessouris thairof to build or big the samin agane, andsucht.^ 
sa oft as the same sal happin to be biggit that oure said rycht traist 
cousing and utheris his coUeigis specifiit in our saidis utheris letters als 
oft dimolische, rut out and distroy the same agane de novo undir the 
panis expressit in the saidis letters . and kna wing perfitlie 

that the said lyn and fisching pertenis, the ane equall half thairof to our 
said rycht traist cousing and his airis heritable and the uther halff 
thairof to our loyit George Drummond of Blair and his airis, lyke as 
tliey and t&air predicessouris hes bene in peciabill possessioun thairof 
be fisching and using thairof as ane propir lyn and fisching in all tymis 
bypast past memour of man without stop, trubill or impediment, althocht 
that now laitlie be the malice of unfreindis oure saidis utheris letters ar. 
privatlie purchest, expres aganis all gud ordour and actis of our Counsall, 
tending to compell our said rycht traist cousing to distroy and rute 
away his awin auld heritage as he myndis indede for obedience thairof,*' 
wherefcrre charge is given to command and inhibit " our said rycht traist 
cousing to desist and ceise fra all dimolesching, douncasting or distroy- 
ing of the said lin and fisching " ; and also to chai*ge William Hering 
of Eellie, Andrew Hering of Glasclune, Williani Chalmer of Drumlochie, 
Archibald Butter of Gormoche, Andrew Blair of Ardblair and all 
others who have purchased the said private letters, not to proceed to the 
casting down, of the said linn and fisching until the heritable possessors 
thereof. hav^ been^ called and heard; dated at Edinburgh, 9th August, 
1585. Subscribed James R. ; Petty n wem, Montroiss. 



248 REGISTER OF THE COUNCIL. 1583. 

Attached thereto is a paper containing notes of the execution of the HiaoeUfuieoiu 
summons, (1) on 11th August by William Greig, messenger, against *^'*"* 
John, Earl of Athole, at his dwelling place in Dunkeld, and gainst 
William Hering, personally apprehended, who was offered a copy of the 
summons but refused it ; witnesses, Robert Davidsoun, James Sander- 
soun, John Pilmour, James Baxtar: (2) On 12th August by William 
Greige against Andrew Hering of Glasclune and William Hering, bis 
brother, personally apprehended, and against Andrew Blair of Ardblair 
at his dwelling place there, and Archibald Butter of Gormock at his 
dwelling place; witnesses, Robert Davidsoun, messenger, Alexander 
Robertsoun, notary, and Alexander Millar: (3) On ISth August by the 
same at the market cross of Cowper in Cowper in Angus against all the 
lieges ; witnesses, Andrew Blair of Balgirsho, Robert Spalding, Laurence 
Dun and John Cargill: and (4) On 24th August by John Andersoun, 
messenger, at the market cross of Cowper in Angus against all the 
lieges ; witnesses, Andrew Blair, portioner of Durdo, Henry Brown and 
Alexander Kyncragy of Polkmylln. 

2i8t August 8. Letters under the Signet directed to David Bennat, messenger, 

Jitters undor ^^ ^^^ instance of Patrick Buttir of Mary toun, William Harine of 

the Signet Munkiscallic, William Chalmer, apparent of Drumloquhy, and Laurence 

iiutance of Halyburntouu of the Mains of Ma wis, narrating that Geoi^e Drummond 

o?BSrytouii!*'^^^ Blair has " biggit ane fische yair with uther ingyne of tymmer upon 

and othOTs the Wattcr of Ericht and throuche the samin, in forme of ane lyn of 

Drummond of sick hicht, streuthc and thiknes that na fisches may cum over the 

Sensed of ^ samcu, adjacent to his landis foiranent the kirk of Blair within the 

Hnnou the^*' shirefdomc of Perthe expres aganis the Actis of Parliament," and that 

\yater of the complalncrs and others are infeft in divers fishings on the said 

injury of ^ Water of Ericht and Airdill far above the said yair or lin. They had 

bB?onfi5ng^ complained to the Lords of Session and obtained decree ordaining the 

to other Sheriff of Perth and his deputes and other judges to pass with convo- 

propr e re. q^^[q^ q{ jjj^g licges and " cast doun and distroy the said fische yair and 

tymmer lyn and to hald the samen doun and mak the midstreme of the 

said Watter of Ericht to be frie at that parte quhair the said fische 

yair now is be the space of sax futis within ten dayis nixt after the 

charge '' ; but George Drummond had upon sinister information obtained 

letters ordaining John, Earl of Athole, not to cast down the same, 

which have been inconsiderately granted. Charge is now ordained 

to be given to John, Earl of Athole, and other judges to put the 

former letters to due execution and with the aid of the lieges to cast 

down the said yair, and also to inhibite the said George Drummond 

from making any opposition thereto; dated at Stirling, 21st August, 

1585. (Signed) James R, M' of Gray, Thyrlstane. 

1586.^"^"***^ 9. Summons directed to John Andersoun and William Greig, 
Summons at messcngei-s, at the instance of Dame Margaret Flemyug, Countess of 

the instance of 



1585. CHARLES I. 249 

Mtsoeiianeous AthoU, lifereiitix of the half fishing aftermenlioned, George Drummond the Countess 
**"• of Blair, heritable portioner of the fishing " of the Lyn of the kaith upoun others against 

the watter of Erycht" in the sheriffdom of Perth, and John, Earl of^nHam^^ 
Montrois, Lord Grahame, sheriff principal of Perth, for his interest, Kelly and 
narrating that William Hering of Kelly, Andrew Hering of Glasclune, connection 
William Chalmer of Drumloquhy, Archibald Butter of Gormok, Andrew ^f^re^H linn. 
Blair of Ardblair and certain others, or some of them, had purchased 
letters under the signet commanding John, Earl of Atholl, Lord Balvany, 
equal heritable portioner of the said fishing, to destroy the said linn and 
that as often as it should be rebuilt, which letters were granted simply 
on the application of the party without hearing and without any decreet, 
and charge thereupon given to the said Earl of Athole " and his and the 
said compleneris competitouris in the said fisheing to cast doun, distroy 
and rute oute the commoditie of his awne heritage and the lyferent of 
oure said cousignes, his mother, baith to his awne prejudice and the grite 
hurte and skaith of the said George, being equall heritable portioner 
with him of the said fisheing," being also expressly against the 
Act of Parliament anent the casting down of cruives and yairs and 
slaughter of red fish and the fry of fish, for the execution of which 
special commission is granted to the said Sheriff of Perth, the Sheriff of 
Forfar, the Steward of Stratherne and their deputes, and the provosts 
and bailies of the burghs of Perth and Dundee for the Waters of 
Tay and Erne and " thair granis." The complainers had therefore been 
obliged to obtain letters inhibiting the Earl of Athole from casting down 
the linn, but they are informed that since then their party has obtained 
new letters to enforce the former, whereby great injury and wrong will be 
done. Charge is therefore given for citing the said John, Earl of Athole, 
and other persons before mentioned to compear before the Council at 
Stirling or wherever it may be on 1st October next, the public charge to 
be given at the market cross of Coupar in Angus '* becaus of the 
infectioun of the pest within oure burgh of Perth " ; and meanwhile the 
destruction of the linn is discharged until 10th October next; dated at 
Stirling, 21st August, 1585, and signed J. Hay. 

On the back are notes of two executions by William Greig, (1) on 
20 (sic) August, 1585, against William Hering of Callie, personally ap- 
prehended ; witnesses, Adam Grahame and John Andersone, messengers : 
and (2) by the said William Greig and Johne Andersone, against all 
the persons named at the market cross of Cowper in Angus ; witnesses, 
Robert AUexander, John Rroy, John Edimane, Robert Porter, Donald 
Wricht, and Alexander Chalmer, all in Cowper. 

There is also affixed to the summons a note of another execution by the 
same two messengers on 24th August, 1585, against John, Earl of Athole, 
at his dwelling place in Dunkeld; Andrew Hering of Glasclune, personally 
apprehended, and William Chalmer of Drumloquhy, Archibald Butter of 
Gormok and Andrew Blair of Ardblair at their respective dwelling 
places; witnesses, James Fowles, citizen of Dunkeld, James Reith, Patrick 
Pulchenour and others. 



250 



REGISTER OF THE COUNCIL. 



1685-89. 



c. 1588. 

Letters of 
James VI. 
nnent a 
suppHcation 
by Thomas 
Acheson, 
master-coiner. 



10. "James be the grace of God, King of Scottis, to our lovittis 
our schirefiis in that pairt, conjunctlie and severalie, specialie constitute, 
greting; Forsamekle as anent the supplicatioun gevin in be Thomas 
Achcsoun, maister cunyeour to our soverane lord, aganis WUliame 
Fairlie, ane of the baillies of Edinburgh, and Joftet Ferguissoun, makand 
mentioun that quhair in the moneth of May last bipast Williame 
Fairlie, ane of the baillies of the burgh of Eidinburgh, and M' Michaell 
Chisholme, dene of gild thair, come to the said Thomas ludgeing and 
duelling hous within the said bui^h in the Cowgait thairof and 
ressavit " (Nothing further.) 



Miscellaneoas 
Papers. 



30th August 
1589. 

Threat of 
homing 
against small 
barons and 
freeholders 
unless they 
pay their 
quota of 
taxation for 
the repair of 
the Castle of 
Edinburgh. 



11. Extract under the hand of "Joannes Skene, Cls. Regri." of 
Letters of Homing registered at Dumbartane on the penult day of August, 
1589. The letters are directed to Robert Campbell, Carrik pursuivant 
and messenger, at the instance of James Home of Coldounknowis, knight, 
Captain of the Castle of Edinburgh, and collector of the second term's 
payment of the taxation of £40,000 granted by the small barons and 
freeholders for their vote in Parliament and general councils, and which 
second term's payment is appointed to be expended on the repairing of 
the said castle and to be paid to the complainer before 1st November 
last. This has not been done, and charge is therefore to be given to the 
said small barons and freeholders to pay the same within ten days on 
pain of homing ; dated at Halymdhous, 18th December, 1589 (sic, L 
1588). Also, note of execution on 28th June, 1589, by William For- 
syth, messenger, against Sir Umphra Colquhoun of Luss, collector for 
the schireffdom of Dumbarton, personally apprehended ; witnesses, David 
Kelso of Kelsoland, William Rowand and Robert Symontoun : and notes 
of execution of horning on 27th July, 1589, by Robert Campbell fore- 
said again upon the said Umphra Colquhoun of Luss in presence of Robert 
Naper and Mungo and Williame Rowane, his servants ; and denunciation 
of him to the horn at the market cross of the burgh of Dumbartane on 
30th August following; witnesses, Robert Sempill of Corruithe, Mr 
William Houstoun, Thomas Buquhannane and David Spalding. 



20th March 
158 .. . 

Signature by 
James VI. 
anent the 
lands of 
Halybume. 



12, Signature (unsigned) by King James the Sixth after his perfect 
age of twenty one years complete declared in Parliament and general 
revocation and dissolution made of the lands of Ettrik Forrest annexed 
to the Crown, ordaining, with advice of Sir John Seytoun of Barnis, 
knight, his Majesty's ComptroUar, a charter to be made under his great 
seal of the lands of the half of the lands of Halybume aiias Halybank 
aftermentioned in feu farm to Robert Murray, then of Orcheardfeild, 
and his heirs and assignees ; which lands, lying within the lordship of 
Ettrik Forrest and sheriffdom of Selkirk, were of old disponed by his 
Majesty's progenitors to the deceased Janet Liddell, Lady Halkerstoun, 
and her heirs and assignees, and she sold to the deceased Alexander 
Murray in Orchard and the deceased Margaret Neisbitt, hir spouse, and 



1589-90. CHARLES I. idl 

MiaceUaneoQs their heirs male, that half of the said lands then occupied by James 
apers. Buckyc, Janet Legis, Robert Watsoun and Thomixs Brunttoun, with the 

houses in which James Buckye dwelt, and of which they obtained 
confirmation from his Majesty's dearest father and mother. Robert 
Murray is son and heir of the said Alexander and is infef t in these lands ; 
and he is to hold the same for payment of £15 yearly of feu duty to 
the Crown. Dated at Halyrudhous, 20th March, 158 . . Composition 
£40. 

13. Precept signed by J. T. Cancellarius, directed to John Johnestoun, 3iat July 
scribe, narrating that Lord Claud Hamiltoun, Commendator of Paisley, - ,* ^i 
has intimated by letter that he is willing that Hew Wallace of Carnell, Hamilton. 
John WaUace of Dundonald, William Wallace of DuUaris and Michael STpaTiey!"^" 
Wallace in Bumbank, who were charged to find caution at the instance 

of several of the said Commendator's friends and servants, give 
caution only in half the sums originally appointed, and ordaining 
that this modified caution be accepted; dated at Edinburgh, 31st July, 
1590. It is added that the original cautions were, for Hew and John 
Wallace, 5000 merks each, and for William and Michael Wallace, 
1000 merks each. 

14. Summons directed to Barthyll Kneland, narrating that 8th3istJii]y 
November next; has been appointed by the Lords of Council to John 3^^^^^^ 
Roy M^Calpie in Callemoir for probation of an answer made by against Alex- 
him to the fifth of the articles given in by Thomas, Robert and J)aniel Ancfrew" 
Gounokan in an action of spulzie by them against him, wherein heJ;;J^^|^^ 
offers to prove that the deceased Gilbert Gounakan, father of his Stirling, 
pursuers, was alive at the date of the making of a contract produced in connection 
by him dated 10th September, 1569, and for a long time thereafter, j^^^^p^i^^)^°^ 
and ordaining that the following witnesses be cited to compear that 

day before the Council, viz.: — Gilbert Robertsoun in Fintiie, John 
Provand in Lyncheidj Gilbert Paul there, Walter and William 
Drummound in Drummound, John Makesoun there, Alexander and 
Andrew Lowry, burgesses of Striviling, Walter Robertsoun alias 
Buchannane, John and!ll6bert M^Clandroise in Drummakeill, Robert 
Arrall in Dalnair, Gilchrist Wricht in Auchingyle, Donald M^^Calpie in 
Ballyglass, John Wabster in Inchefad, John M^^Inhugater in Arrochmoir, 
Walter and Thomas M^'Goun in Ballaird in Cassaly, [Walter] Provand 
in KiptuUoch and John Bttchanaii in Buchlass ; dated at Edinburgh, 
3l8t July, 1592, and signed J. Hay. On the back are notes of three 
executions of the foregoing summons by the said Barthill Kneland, (1) 
on 2nd November, 1592, against Alexander and Andrew Lowrye, bur- 
gesses of Stirling, personally apprehended ; witnesses, William Parland 
in Wodend and Thomas Halden in Balwell : (2) On 3rd November, 
1592, against John and Donald M^Clandreise in Drummakeill, Robert 
Ariole in Dalnair, Gilchrist- Wrycht in Auchingyle, John Wobster in 



252 REGISTER OF THE COUNCIL 1592-94. 

Inchefad, and John M^Inhugutar in Arichmoir, all personally appre- Miscoiianeou* 
hended, and against Gilbert Robertsone in Fintrie, Donald M^Calpie in '^^^ 
Ballyglass, Walter and Thomas M^Gown in Ballard in Gassalie, John 
Buchannan in Buchlass, Walter Provand in Kiptulloche, Walter and 
William Drummound in Drummound and John M^Kesone there, at their 
respective dwelling places; witnesses as before : and (3) on . . . 
November, 1592, against Walter Robertsone o/taa Buchannan at the 
market cross of . . . because he has no certain dwelling place, 
before the same witnesses. 

I2th-29th 15. Note of execution of precepts from his Majesty's Exchequer 

Not© of charging the persons named to compear before the Lords Auditors, (1) 

execution of by Daniell Boill, messenger, on 12th April, 1594, against Gawin 
EisMajest'y™ Lokhart, ouc of the bailies of Lanark, personally apprehended; 
diar^g^*^ witness, Barnard Lindsay ; also against Archibald Hamiltoun, sheriff 
{f*rt\^'^ depute of Lanrik, personally apprehended : and (2) by Daniel Grahame, 
Lanark, and Diugwcll pursuivaut, ou 20th April, 1594, against Adam Cokbume, 
appear before sheriff depute of Bcrwik, William Hoppringill, hailie of Lauder, and 
Auditora' •^^^^^ ^^^ Thirlstane; on 23d April, Douglas, sheriff of Rox- 

burgh ; on 24th April, Patrick Murray, sheriff of Selkrik, George 
Mitchelhill, bailie thereof, and Scot of Balcluch, chamberlain of 

Ettrik Forest; on 25th April, James, Lord Hay of Tester, sheriff of 
Peblis, and John Hoppringill, bailie thereof ; on 26th April, John, Earl 
of Mar, sheriff of Striviling, receiver of Striviling, Anthoun Bruce, bailie 
of Striviling, David Dundas, sheriff of Lynlythgow, James Hamiltoun, 
sheriff of Lynlythgow within Bathcat, Comewall of Bonhard, 

provost of Lynlythgow, the bailies of Lynlythgow, and M' James 
Durhame, chamberlain of Lynlythgow ; on 27th April, my Lord Duke, 
sheriff of Edinburgh, John Eobertsoun, one of the bailies of Edinburgh, 
John Gourlay, customer of Edinburgh, David Murray, feuar of his High- 
nesses park, and the Laird of Merchesoun, feuar of the King's Meadow : 
and on 29 th April, Robert Lauder, bailie of North Berwik, John 
Murray of Blakbaronie, receiver of Ballincreiff, William Lauder, bailie 
of Dumbar, John Arnot, feuar of Cokburnespeth, and Robert, Lord 
Seytoun, provost and customar of Cokany, ail personally apprehended, 
and Alexandar, Lord Home, feuar of Merche, and Carkettill, 

customar of North Berwik, at their dwelling houses; M' Robert 
Lyndesay and John Balfour being witnesses throughout. The name 
"Adam Cokburn" is on the margin of the paper. 

12th June 16. Letters under the Signet narrating the act of dissolution of the 

* d ^^"8*8 property made in the late Parliament so that the same may be 
the Signet set in feu to the kindly tenants for payment of certain feu duties and 
f^ugto^ compositions at the sight and modification of some noblemen of the 
n l^of^ceiSfn ** Privy Council and oflScei-s of State, to whom commission is granted for 
of the King's this effect, and to compone for new infeftments to be granted to the 



1594. CHARLES I. 253 

Miacenaneona vassals and Others who formerly held their lands of William, sometime i&nds, and (2) 
^P®"* Earl of Angns; George, sometime Earl of Huntly ; Francis, sometime finda^if'Sl'* 

Earl of ErroU, and Patrick Grordoun, sometime of Auchindoun, who^'^^^^' 
have been forfeited for certain crimes of treason ; and directing mes- ^^^fy* *"<* 
sengers to make public intimation hereof at the market crosses of the Patrick 
head burghs of the kingdom and other necessary places, and that the ^°^*?^j2f,u, 
kindly tenants and possessors of the said dissolved property and vassals 
and tenants of the said forfeited lands repair to the burgh of Edin- 
burgh and deliver their securities, desires and supplications to the said 
Lords Commissioners on 4th July next, wherein, if they fail, the lands 
will be otherwise dealt with; dated at Edinburgh, 12th June, 1594, 
and signed J. Andro. On the back is a note of the executions, (1) on 
23rd June, 1594, by Patrick MacThomas, at the market cross of the 
burgh of Kirkcudbrycht, as the head burgh of the Stewartry of Kirk- 
cudbrycht, where the lordship " of Gallawa, ane pairt of his Majesteis 
propirtie, lyis"; witnesses, Thomas Gledstanis, Robert Lintoun and 
John Mekill, burgess of Kirkcudbrycht: and (2) on 24th June, by 
Nicol Newall, messenger, at the market cross of Drumfreise ; witnesses, 
John Fargusoun, Richard Knowis and John Peris. 

17. Another copy of the foregoing letters directed to Patrick Kyn- 12th June 
ros, messenger; with note of executions on the back thereof, (1) o^^*' 
14th June, 1594, by the said Patrick Kynros at the market cross of of th© for©- ' 
Striviling. as the head burgh of the shire " quhair the lordschip of^°*°*^®**®"* 
Strivilingshyre, ane pairt of our soverane lordis propirtie, lyis " ; wit- 
nessess, Antonie Bruce, portioner of Levelandis, David Forestar of Logy, 

and Robert Alexander, burgess of Striviling; and (2) on 24th June 
by William Killing, messenger at the market cross of the burgh of 
Linlithquow for the lordship of Linlithquow ; witnesses, Robert Ker, 
notary, Robert Bynne, messenger, and John Findlasoun. 

18. Another copy of the same letters directed to John AUane, 12th June 
messenger, with note of executions on the back thereof, (1) on 23rd ^*' 
June, 1594, by the said John Allane at the market cross of the burgh of th© same 
of Selkirk ; witnesses, Symon Scot of Bonitoun, James Scot of Quhit- ^®**®"* 
hope, James Scot, burgess of Selkirk, and George Michalhill, also burgess 
thereof; and (2) on 24th June, 1594, by Daniel Boill, messenger, and 

John Strachachan, messenger, at the market cross of Duns ; witnesses, 
Cuthbert Home in Duns, Cuthbert Hendirson there, and Thomas Balfour. 

19. Note of execution on 23rd June, 1594, by John Allane, mes- 23rd June 
senger, at the market cross of Selkirk, as noted above, save that here it ^^^ ^^f 

is added that Selkirk is the head burgh of the shire within which theo»«<^^^o* 
King's proper lands of Ettrik Forest and lordship of Selkirk, sometime letters. 
belonging to William, Earl of Angus, lies. (Sij^ned) J. Allane, raes- 
singer ; w' my hand. 






254 REGISTEE OF THE COUNCIL 1594-99. 

24th June 20. Note of execution on 24th June, 1594, by WilUam KalingyMiaeeUaiiMu 

^' messenger, at the market cross of Linlythquow, as noted above. (Signed) ^^^*"' 

eth^s^^tembor William Kaling, messinger. 

1694. 
Caution by 

James Master. 21. Extract of act of caution dated at Edinburgh, 6th September, 
^"gessof *°^ 1594, by James Maistertoun, merchant burgess of Edinburgh, for John 
^Joh?*^' Murray of Tuchadam, in £500 that he will not molest Henry and 
Murray of Jamcs Richardsouu, burgesses of Stirline, nor their wives, children, 
i^rNovem. servants and goods. Extracted from the book of Acts and signed 

bar 1599. JOANNES SKENE, Cls. Ecgri., etC. 

Caution oy 
Adam Faimlie 

Da^TF/rraiie. ^2. Original bond of caution by Adam Fairnlie of Boge for David 
26th Novom- Faimlie, son of the deceased John Fairnlie of Over Mynock, noted in 
^SW vol. vi.. p. 632. 

Arthur Garden 

and John^*^^ 23. Original bond of caution by Arthour Gairdin of Banchorie and 
Auchdowneis. J^^" CoUison of Auchlowncis, as noted in vol. vi., p. 632. 

27th Novem- 

Cautfo^'by ^4. Original bond of caution by John Irvyng of Kyncowsie for 

John Irvine of Alexander Irwing of Drum, noted in vol. vi., p. 631. 

Kyncowsie for *=* 

Alexander 

jj^^ °' . 25. Original bond of caution by Andrew Gray of Kingomie, for 

30th Novem- John Allardes, younger of that Ilk, as noted in vol. vi., pp. 632, 633. 

ber 1699. 
Caution by 

Andrew Gray 26. Original boud of cautiou by Robert Semple of Fulwod, for John 

ofKmgorme ^•T; , . , . , . /»«/» /»«^ 

for John Wod of Mildovme, as noted m vol. vi., pp. 636, 634. 

Allardyce, 
younger of 

that Ilk. 27. Original bond of caution by William Lawder of Quhitsled and 

18th December o •f ^ 

1599. Mr Alexander Hamiltoun of Drumcorse as his cautioner, for the in- 

^*^^°^y,pig demnity of Elizabeth Lawder and others, as noted in vol. vi., p. 634. 

of Fulwood 

of Miidovine. 28. Original bond of caution by James Weymis of Bogy, in reference 
22nd ^cp™- to the house of Dunbog, noted in vol. vi., p. 633. 

Caution by 

L^ido^'of 29. Copy of the General Band as printed in vol. vi., pp. 825-828. 

Quhiuiod^and^ (Torn and imperfect.) 

Hamilton of 

EiiTbTtr'''" 30. "Signatura. Act of Counsall 8 Martij, 1603. 
Lauder. ^^e chartar maid be his Majestic of the date of Halyruidhous, 6 

bwls???^™ January, 1587, to umquhill James, Lord of Doun, of all and sindry 
James WemyssP^^^^^^^*^ touuis and landis, etc., thairin conteinit unitit in ane barony 
of Bogy in and lordship callit the lordship of Doun for the fewferme dewtyey 
the^House of theirin exprest and for the office of stewartrie of Menteith and custodie 
Dunbog. q{ Doun, forrestis and woddis of Glenfinglas and utheris wodis and 
Copy of ' schawis thairin expremit, with the fishings of Loch Vannaquar and Loch 
General Band. Lipnoch and of the watcris of Teith and Guddie, ane penny blench, and 



.1599-1603. CHARLES I. 255 

Muodiianeoiis for the advdc&tiouQ and patronage of chapellanryes ane penny blench. — 8th March 
apora. Tend pro mcmma partCy for this hes the word fewferme mair nor the charter by hia 

uther in th^ balding. ?atef i^rd of 

"Ane anterior charter, 6 Martij, 1563, of the fyve merk land ofDoune, 
Coltintogill, fyve merk land of Brokland and of sundry utheris specifeit, §^^^ 
alsweill thairintill as in the said charter of the foimamit lordschip. — |^ntain»i'' 
This wantis out of the act. therein. 

"Ane chartour maid be our soverane lordis father and mother, charter of the 
20 Junij, 1566, of the erldome of Murray conteining thairintill all and Murrayby hw 
sindry the, ^tc., thairin specifeit, togidder with the salmond fischings in Majesty, 
the wattiris of Spey, Findome, Slewpule and Lossie with the custumes 
thairof, the borrowmaillis and custumes of Elgyn and Fores and Castel 
of Darneway, and alse of all and haill the landis and lordship of Abirnethy 
and all and haill the landis and lordship of Stratheme, viz., the landis of 
Pettie, Bra^hlie, and Stratherne, the milne of Conage, the tour of Hallhill, 
the toun and tour of CuUard, the Brodland, the half land of Holme, with 
the fischeing in the wattir of Nys. — Tend. 

" Item; all and sindry charteris of the Erledome of Buchane, lordshipis Charters of 
of Ochtirhous, Glendovachie, etc—This is not in the signature. of B^hJ^."" 

" Item, ane charter maid be umquhill Patrik, Bischop of Murray, to charter by 
the Erie of Murray, 10 Aprill, 1568, of the toun and landis of Spynie^^®tr1ck!bidbop 
and utheris thairin contenit. — Spynie is not namit in the act, bot itj'^^yj*® 

, . , , . .1 It T 1 , . . the Earl of 

aggreis with the signature in the generall. Item, the act beins — Murray of the 
and allutheris charteris, of quhatsumever landis, etc., of the bischoprik of ^spySl,^^f 
Murray; 

"Ane charter 13 Julij, 1569, be Robert Innes of the toun and landis. Charter by 
callit Bischopis milne and milne thairof, multures, etc., the landis callitof thetowrT^ 
the aikeris with the four cott houses adjacent, the landis of P^^ttintreichJ^j^^^^^ .^ 
Hand in the barony of Spynie and shirefdome of Elgyne, the corne- Mill, etc 
milne of Kynnedour, with the bischoppis confirmation, 14 July, 
1569. 

"Ane charter be Johne, Abbot of Lyndoris, to umquhill my Lord of Charter by 
Murray, of Eister Fintrayes and Westir Fyntrayis, medow thairof, lochis,iindorM|*^**^ 
stankis and maner place of Fyntrayes, yardis thairof, Wod of Garvok and ^ ^JjJ^^^ 
fisching upoun Done, all and sindry the landis of Langcruik with pendicles faster 
and pertinentis liand in the baronye of Fyntrayis and regalitie ofweeter**' 
Lyndoiris, November, 1560, with the confirmatioun thairof be the Quen, ^^°*"^^®'' ®*°' 
Marche, 1565. — In the act generallie the charteris and infeftmentis of 
the landis of Fyntrais and utheris thairin specifeit with wodis, etc. 
" Quhilk confirmatioun confirmes also ane uther charter maid 20 Martij, 
1557, be umquhill Johne, Commendatour of Coldinghame, of all and 
sindry the landis of Fischewik with the poirtis, loches and fischings thairof 
-ill the wattir and river of Tweid with the of Sant Eweburgo 

S^ Ebbis burgh Hand in the barony of Coldinghame, quhilk few 
charter is now also ratifeit. — Thair is nothing heirof in the act of 
Counsall. 



256 REGISTER OF THE COUNCIL. 1603. 



Charter lyy Aue ui/iitir cnar&er oe jrawiK, ^^ommenaarour oi i^ynaoins, ui aii anu «iaoaimi 

mfntatorr'haill the aucht pairt of the Halton of Fyntray and aucht pairt^*"^"- 
Lindores. of the wod, with the pertinentis, upoun Andro Pitcarnes resignatioun. 
Charter by « Ane uthet be James Hervie, advocat, of four oxingait of the said 

advocate. ' toun of Haltoun extending to the xvj pairt of the said toun, with the xvj 

pairt of the wod callit the wod of Garvok, 9 May 1591. 
Charter by "Ane charter be the Abot of S' Columbos Inche of the landis and 

inchcoirae.^ barony of Baith contening the landis of Craigbaith, Kirkbaith, Bathillokis, 
Scheillis, Hiltoun, Eistertoun and Nethertoun, Muirtoun, Coillheuchlandis, 
coilheuch thairof and milne of Baith, &c., Hand in the schirefdome of 
Fyf, with the confirmatioun heirof be the Quein. 
Another "Ane uther charter be the said abbot of the landis of Killery, the milne 

M.^^ ^^ ^^^ callit Paskar milne, with Fyf and Cramond milne within the schirefdome 
of Edinburgh, the landis of Duddingsion within the schirefdome of 
Linlithgow, and the landis of Clarveston within the schirefdome of 
Edinburgh. 
Divers charters " Diverse charteris of the landis of Newtoun, Tuthillhill, Seysyd and 
Newtown" etc. Caik Inche, ane aiker of land bewest the brig of Abirdour and milne of 
Abirdour with multuris, &c., the landis of Donybirsell, Bamehill and 
Grange with thair pertinentis and of nyntein aikeris land thairin specifeit, 
Eister and Wester Baclavies, Killery, of all and sindry the landis of 
Crof tgarie and Brago, liand in the barony of Baith, the landis of Muirtoun, 
Knoksydrum, of all and hail Paskar milne with multuris and suckin, and 
pasturage on the landis of Killery within Fyfe, and alse of the landis of 
Clairmestoun within the schirefdome of Edinburgh, twa oxingait of the 
said Abbotis landis of Duddingston within Linlythgowshyre, of the Isle 
of S' Colme monastery or abbey place with houses, dowcattis and cunyng- 
gairis. — Act of counsall ; All charteris and infeftmentis grantit be the 
Commendatouris of S* Colmes for the tyme to James, now Erie of Murray, 
his authouris and predicessouris, of the landis and barony of Baith, 
Downybirsell, Grange, Barnehill, Baclaveis, landis and aikeris of Abirdour 
west the bume thairof, milne of the samyn and of sundry uther landis, 
coilheuchis and uther pertening to that abbacie liand within the schiref- 
domes of Fyfe and Edinburgh, generallie of quhatever dait or daittis. — 
Nothing heir of Duddingston nor uther thing within the schirefdome of 
Linlythgow. 

" Signatour. The landis of the Bischoprik. 

" That the custumes of the salmond fischingis within the schirefdome 
of Murray nor the customes and borrowmailis of Elgin and Forres be 
nawayis dissolved. 

" Drawing bak of this ratification to the dait of the first infeftments 
notwithstanding ony act of Parliament or uther warrant or preceiding 
impediment or ony richt whilk the King mycht pretend, and notwith- 
standing any decreit or protestation obteaned on the King or his officiaris 
whilk the King renunces. Batifies this dissolution and draws it bak to the 
dait of the charters cum supplemerUo omnium defeduum. 



1603. CHAELES I. 257 

MiseeUnneoos " Dissolution of the landis from the abbayis and bischopriks that Omnto to the 
**^ they may be disponed to the Erie of Murray. Murray, 

''Seservand bnlie to the' King the fewferme dewties or convertit 
pryces thairof. 

^ Taxed wairds for foare hundreth merkis and taxed mariage for twa 
thousand merks. 

** Command to the Kingis officiars to re-enter the Erie to his posses- 
sions of lands, fisheings, borrowmaills and custumes. 

" That the lands sail be haldin be the Erie of the King notwithstanding 
any erections of abbacies or annulling the annexation of bischopriks. 

" That this ratification be als sufficient as gif all the chartouris wer 
insertit thairin." 

31. "[Please] your Lordship, I resaveit your lordships letter andJggJaiy 
delyverit the uther letters to M' Nathaniel [ll]d wart with the houpe Letter f^nj 
that mater salbe brocht to sum goode poyntes. Thair [is] ane petitioun^j^**°^®^ 
exhibited to the King in that mater by the Maister [of Re]queist8. At Nathaniel 
the Kings directioun it wes remitted to me I enterit . . . other maUen. 

Windsoire the last oulk with his Majestic anent that mater . . . 
pleadit your lordships just richt ye had to mell with that schip. The 
Kings ansuer wes this, *I beleive my Lord Newbottle will do no wrang; 
if he hes done any, he is one of my maist responsall and ansuerabill to 
the lawes of ony subject I haif thair, and thay may recover befoir the 
ordinei* judge reparatioun of any wrang he hes done. Alwayes ye sail 
wryte ane letter to the Consell willing thame to tak tryall in the mater 
and to certifie me c^nhat is the haill progress of that mater. According 
to this I wrett ane letter and delyverit it to him that wes the presenter of 
the petitioun. At thair nixt meiting with M' Nathaniel Udwart thay 
wald haif affirmed that thay had ane cloised lett-er with directioun to 
the Consell to delyver schip, goodes and all. I haif declaireit to M' 
Kathaniell quhat wes conteinit and ofTerit, quhensoevir thay wald meitt, 
to oppin the letter to thame that thay micht reid it. I hoipe it salbe 
brocht to ane goode middes. As for your lordships tume, if my Lord 
Dumbar wald tell the treuthe he culd schaw how gude ane remem- 
brancer I wes of him. Lett him renew his promeis to do it at his 
retume and I will undertak for him and be ansuerabill it salbe done. 
Your lordship wald continew to be officious to him. Thair is one mater 
that I mon haif your lordship to advyise quhich way ye think meitest 
to give sum contrair assuirance to that opinioun that is apprehendit of 
your lordship that ye ar ane stark puiritane. This your lordship will 
keip to your self and advertise me quhat way ye intend to certifie the 
contraire qtioniam pro illis nulla est gratia, I haif spokin very far in 
your lordships behalf and hes said far aneuch. Your lordship heiranent 
will advertise me by [the . . .] quhatevir may concerne your 
lordship^ I protest I sail not be sleuihfull in it . . . plaice in 
many thingis must be ke[ . . .] the maisteris turne. It may worke 
VOL. vni. R 



258 REGISTER OF THE COUNCIL 1603-4. 

bo[ . . .] as your lordship sail perhappis knaw be an[ . . .] HiKseiUneoaB 
very achortlye, humblye entreating your lordships pa . . . for my ^^*"* 
bygane silence, my commendationis of service rememberit to my Ladye, 
my Lord Collectour and the Maister to quhilk tuo [I] wald haif written 
if the haiste of this packett had nocht forceit me to cut schort. We ar 
heir all quyett hot our Abirdeyiie conventioun hes angerit us and the 
ministeris that mett thair must be wairdit. Your lordships humble 
servitour. (Signed) Alex'. Hay, xix July 1603." 

e, 1004. 32. Note of execution by Patrick Kinross, messenger of royal letters, 

Note of execu- dated at Edinburgh, 12 th June instant, charging " all and quhatsumever 

letters anent kyudlie teuncntis and possessouris of propertie within this realme, as 

tenants and ^^so all foirfaultit pcrsonis and thame in speciall contenit in the foirsaid 

others. daitit letters," to appear at Edinburgh on 4th July next, and there " to 

mak thair securiteis, compone and aggrie for thair rowmes, upone sic 

payment and dewteis as the Lordis of Counsall quhome his Hienes hes 

appointed to deceme upone sail advyse and conclude upone." Done at 

the market cross of Stirling, before witnesses, Anthony Bruce, portioner 

of Livelands, David Forrester of Logic, and Robert Alexander, burgess 

of Stirling. (Signed) " Patrick Kynross, messinger." 

I3tib December 33. Supplication by John, Earl of Cassillis, as follows: — ^**For ane 
Letter from Oversight committit be me in your Lordships presence it pleasit your 
John. Earl of Lordships to commit me to warde, first within the castell of Blaknes 
ing that he"^^ and thairefter within the castell of Striviling, quhairin I haive remanit 
reiea^from ^^ ^*°8 tymc bigauc, albeit it be of veritie that in the particular 
the Castle of quhilk fell oute at that tyme I protest befoir God I had na intentioun 

Stirling, where ^ , ««!. T^i.»-r « ». 11 

he has been to havc ofiendit vour Lordships, and I am sory that ony thmg sould 
offence agaiMt have falliu outc iu my persone quhairby your Lordships mycht consave 
theCouncU. ^^^ oflfeuce aganis me, seing I cary a hairt everie way disposit to 
serve his Majestie and to honnour your Lordships in that plaice quhairin 
his Majestie hes placeit your Lordships, and will imploy my haill 
moyane to assist your Lordships in all thingis tending to the furtherance 
of his Majesty's service and repressing of quhatsomever insolenceis and 
indigniteis to be ofTerrit in prejudice of the majestie and honnour dew 
to that place quherin his Majestie hes setled your Lordships. And 
seing I have mony grite and weghtie effearis and adois at hame, 
especialie anent the setling of sindrie troublis in thay boundis, quhilkis 
be my absence ar lyke to grow to a greitar hicht, besydis the ordour 
taking with sindrie of my awne particulairis quhairin be my said ward- 
ing I am very havelie interest and prejudgeit, I maist humblie beseik 
your Lordships to freith and releve me of my said warde, and for this 
effect to gif command to the captane, constable and keiparis of the 
castell of Striviling to put me to libertie and fredome and suffer me pas 
quhair I pleis, I first finding cautioun actit in your Lordships buikis 
that I sail compeir personallie befoir your Lordships and ansuer to the 



1604-6. CHAELES I. 259 

MiaoaiUiMOtti Oversight allegeit committit be me under sic panes as your Lordships pleis 
^^' modifie." [On the h8Lck]''Apud Hadingtoun, odij Becenibris, 1604. 

Fiat ut petUur, caution being f undin to the efiTect within writin as alsua 
that this complener sail not repair be eist Lynlythq^ under the pane of 
v^lib. (Signed) Newbotlb; Halyrudhous ; Jo. Prestoun; Quhitt- 
ingham; Cranstownriddell ; Trakquair; I have ressavit cautioun 
conforme to this delyverance, J. Prymrois ; M. E. Young." 

34. Note of execution by William Symson, messenger, of summons 29th March 
at the instance of David Bettoun, fiar of Balfour, against Sir J^^^es j^^^' ^^ ^^^^ 
Scot of Balwerray, knight, to appear before the Lords of Council attionofsum- 
Holyroodhouse or wherever they may be for the tyme, on 2nd April, inatanco of 
Done at the market cross of Kirkcaldy ; witnesses, James Law, George ^^^^ sSfour* 
HeCTS, bailies, and Robert Hall and Andrew Trumbill, officers, anda«a"wtsir 

, , , , „. , .1 .1 r.. T « . James Scot of 

Others; also at the dwelling place of the said Sir James Scot atBaiweano. 
Balweray; witnesses, David Law and William Symsone, messenger, 
and others. (Signed) " William Symsone, messenger, with my hand." 

35. Summons directed to James Ruthedurd, messenger, narrating 17th May 
that complaint has been made by William and George Grimslay, sons g^^J^^^ 
of the deceased Harry Grimslay of Little Newtoun, that they, having directed at 
been apprehended by the bailies of Hawick for the slaughter of Robert wiuum and *^ 
TumebuU in HalrouU and committed to their tolbooth for a few days,^^^^^^® 
were by the direction of the Lords of Privy Council transferred to theagainatthe 
tolbooth of Edinburgh, where they still remain, and they are informed JhUdren'of 
that their party has no intention of insisting in their prosecution but^jJ^J^iu^ 
desire only to bring them into excessive expense and to utter wreck ^^^^^f^^' , 
and undoing by keeping them in perpetual ward. Charge is therefore ter they are 
to be given to the widow, children and brothers of the slain man tOo^^Wch*"^ 
prosecute the complainers before the Justice within fifteen days, ot^^c^-a^w^ed^in 
wise the complainers will be released. Dated at Edinburgh, 17 th the Tolbooth 
May, 1606, and signed Ja. Prymrois. [Cf, vol. vii., p. 213.] of Edinburgh. 

36. Note of execution hy James Rutherfurd on 19th May, 1606, ofmhMay 
the immediately preceding summons against Grizel Tumbill, widow of * 
Robert Turnbill of Howe, Robert Tumbill, his eldest son, and Gawin execution of 
Tumbill in Howe and Hector Turnbill in Steneledrig, brothers to theJJ^J^n® 
said deceased Robert, at their dwelling places ; and also on the same 

day at the market cross of Jedburgh ; witnesses, John Crystisoun and 
Andrew Hietoun, servants in the Nutoun, and George Mirscop, bailie in 
Jedburgh, and Robert Tumbill and William Allesoun, burgesses there. 

37. Supplication by Alexander Cunynghame at the mill of Cathcart 2nd February 
and James Crauf urd in Hagthoraehill, as master, and Patrick Crawf urd g^ppiici^tion 
and Andrew Smythis, his servants, as follows: — Gabriel Semple of ^Alexander 
Cathcart, " haveing consavit ane deadlie malice and haitrent aganis us at the miu of 



260 REGISTER OF THE COUNCIL. 1606-7. 

Cathcart and without any just oaus of offence offerriL be us to him, hes be all meanes Misceiiaiieous 

fo^Tn ™^ socht occasioun to execut thair [sic] privat grudge agains us. As namlie ^^^^' 

S?lJ!l2Son8 wpo^ii ^^^ d*y of December last bipast he come [to] the ground 

afirainHt Gabriel of the saids lauds of and their maist barbourislie with ane drawin 

Caihcart! Bword cuttit and houckit ane kow pertening to me, the said Alexander 

Cunynghames, and, not contenting himeselff thairwith, upoun the xx 

. day of Januar last bipast come to that pairt of the landis of Cathcart 

pertening to me, the said James Crauf urd.. in tak and assedatioun, quhair 

my saids tua servandis wer gangand at my said pleugh in quyat and 

peaceable maner and thair . . . sett upoun thame, and with ane 

drawin sword invadit and persewit thame of thair lyfes, hurt and 

woundit me the said Patrik Craufurd in diverse pairtis of my body to 

the effusioun of my blood in great quantitie, and gave mony bauch and 

blae straikis to me, the said Andro Smyth, and left us lyand for dead." 

They crave summons against him. 

[On the back] " Apud Edinburgh, secundo Febituirij, 1607. IH>at ut 
petitur, (Signed) S. R. Cokburnb." 

2nd February 38. Supplication by James Croket in Blaiklaw and Johne Thomesoun, 

^^' . his servant, for his interest, as follows : — On 2nd June last the said John. 

by^ames'^" Thomsou was keeping his said master's goods on his own lands in quiet 

BSwaw\nd manner, " lippyning for na harme, trouble nor injurie of ony personis," 

JpJ^'^T^o^son, when James Hauch, portioner of the Mains of Rattray, " haveing lang 

for summons of befoir cousavit ane haitrent and malice aganis me, and thinking that 

^ugh,'w^m tyme maist meit for him to put his intendit purpois to executioun 

^uiT^^^ °* aganis me, he maist schamefullie, cruellie and unmercifullie invaidit and 

persewit me of my lyff with ane grite bandit stauff and thairwith brak 

my thie baine in peiceis, to the grite hasard and perrell of my lyff, lyke 

as continewalie sensyn I have lyne, as I do zit, bedfast in grite dolour 

and pane unable to do ony kynd of service." They therefore crave 

summons against the said James Hauch. 

[On the back] "Apud Edinhurgh, secfindo Februarij, 1607. Mat ut 
petitur, (Signed) S. R Cokburnk." 

3rd February 3^* SuppUcatiou by David Dew in Dunlapie and his spous, 

1607, ag follows : — They being in quiet and peaceable manner in their own 

by^jSaWd^ Dew dwelling housc in Dunlapie, "lippning for na harme, injurie nor oppres- 

an?hifi*8*^u8e ^^^^^ ^ ^*^® ^^^ offcnit to US be any persone, it is of treuth that 

for summons George Davidsouc in Dunlapie, William Proffeit, elder, and William 

^"idson in*^^ Proffeit, younger, thair, William and Andersones thair, and David 

othera'w^om ^myth thair, upoun a malice consavit be them aganis us, upoun the xx 

they accuse of day of December last, bodin in fear of weare, with swordis, quhynyeris, 

gantalatis, halbertis and utheris vapouns invasive, come to oure said 

hous, violentlie brack up the dur thairof, enterit within the same, first 

cruellie and unmercifully with great rungis strack and dang me, the 

said David, and gaffe me mony bauch and bla strak thairwith, and 



1607. CHARLES I. 261 

MueeiUneou thairefter band me with une cord and keipit and detenit me captive 
*^**"" as prisoner be the space of dayis ; as lyikwise schamfuUie and un- 

honestlie patt handis on my said wyfif and bairnis, dang thame with 
thair neivis and feit and perforce pat thame furth of thair said hous, 
and will not suffer us enter agane within the sumen." They crave 
summons accordingly. 

[On the back] **Apud Edivdmrgh, tertio Febniarij, 1607. Fiat 
utpetitur. (Signed) S. R Cokburne." 

40. Supplication by William Douglas of Eirlismylne, for himself and 3rd February 
as master and near kinsman to the deceased John Douglas, his herd andg^ "j.^^j^^ 
servant, with the rest of the kin and friends of the said John, as follows : — by wiiiiam 
On Ist November, 1605, Duncan M^Mertene of Lethrinley, and Donald Eh-iStmgUe 
and Ewne M°Mertines, his brothers, were put to the horn at the instance '^^J^^®"^i,o 
of the complainei's for not finding caution in the books of Adjournal to ^"1?"^' 
compear before the Justice and his deputes to underlie the law for stealing present 
from the said William Douglas's lands of Auchindaver thirty-six oxen, M^Martin and 
twenty ky with calf, ten horses, sixty sheep, and twenty goats P^turing^^^®^^^?™ 
thereon, and for the cruel slaughter of the said John Douglas who was 
tending the goods. The offenders being men, tenents and servants of 
Greorge, Marquis of Huntly, he by law ought to present them to justice 

to be punished; and they therefore crave letters charging the said 
Marquis to produce the said rebels before the Lords. 

[On the back] " Apud Fdinburgh, tertio February anno, etc., 1607. 
Fiat ut petiiur. (Signed) S. R Cokburnk." 

41. Supplication by Isobel Chapman, lawful daughter of the deceased Srd^February 
Robert Chapman, burgess of Perth, as follows : — On 29 th December lastg^ ' lication 
Walter Stewart of Innerdonyng was put to the horn at her instance forbvisobei 
failing to fulfil to her for herself and as assignee to her mother, Helen daugMer of 
Murray, widow of the said Eobert Chapman, and Peter Balmanno, now r^^^J^**^*®*^ 
her spouse, for his interest, and Marjory Chapman, the supplicant's Chapman, 
sister, and James Murray, her spouse, for his interest, a bond and obli- PeiSffor 
gation made by him to them, dated 28th January, 1594, for payment of J^SsTwaiter 
an annualrent of twelve bolls of victual for certain terms bypast butstewwjtof 
he still withholds payment. She therefore craves summons against him. ^ 

[On the back] " Apud Edinburgh, tertio Febi-mrij, 1607. Fiat ut 
petiiur. (Signed) S. R Cokburnb." 

4th February 

42. Supplication by Andrew Arnot of Caskelpie against David Sib- j^J^'^^ 
bald of Lethame^ as narrated vol. vii, p. 310. [On the back] " AptidAxuotof 
Edinburgh, puarto Febrvurii, 1607. Fiai ut petitur" agaiMt^DaWd 

Sibbald of 
Lethame. 

43. Another supplication by the foresaid Isobell Chapman desiring ^^^ p^^,^ 
letters to be directed to the sheriff of Perth and the provost and bailies 1607. 



262 REGISTER OF THE COUNCIL. 1607. 



i8obei thereof and all other magistrates m whose bounds the said Walter MisceU&neons 

»appr( 
ofy 

petUur. (Signed) S. R Cokburnk.*' 



th^S^i^^en- Stewart, rebel, may be, to apprehend him. Paper*, 

sSwt*^*°' [On the back] '' Apud JEdinburgh, quarto February, 1607. Fiat ut 



4th February 44. Supplication by John Stewart, merchant burgess of Perth, as 
r ti I ^^'^^^^^ • — ^^ 2'^^^ January last Andrew Cowie, notary, was put to the 
by John hom for failing to produce before the Lords a contract and appointment 
chant^rglSi uiadc between Alexander Mauchline, merchant burgess of Edinbui^h, 
summons ^^^ Thomas Youugcr in Coulros, Daniel Bryce in Airth, and Thomas Younger 
against there, on the one part, and George Brice, elder, and George Bryce, 

notoryT ° ' youngcr, on the other part, whereby the former parties obliged them- 
selves to relieve the latter at the supplicant's lands concerning payment 
of a thousand merks " addetit be thame to him and for thair bettir 
releif to have maid payment to me of the said sowme and that conforme 
to ane decrite obtenit be me aganis the said Andro before the saidis 
Lordifl of Counsale of the date the xviij of Febuair j"vj® and sex yeires." 
He therefore craves summons against the said Andrew Cowie to compear 
and answer upon thair rebellion. 

[On the back] " Apud Edinburgh ^ quarto Febuarij, 1607. Fiat ut 
petitur, (Signed) S. R. Cokburne." 

^«^*'©i>«*uary 45. SuppUcation by John Wilsone in Godnis as follows: — He has a 

Supplication ^"^^ ^^ * quarter of the town and lands of Godnes and has peaceably 

by John posscssed the same for a long time, and was ** nevir troublit nor molestit 

Godnis that thairiu quhiU of lait David Moncur of Pendrich, upoun a malice con- 

S^Pendrich "*' savit be him aganis me, not onlie havelie troublis and molestis me in 

fo ^^the*^***" the possessioun of the saidis landis, hot lyikwise boistis, schoiris and 

suiipiicanfs miuasscs and avowis to have my lyfiTe, quhairthrou I may neither peace- 

m emm y. ^^^ labour the saidis landis nather yit saiflie hant nor repair in the 

countrey for doing of my lawfuU effairis without hasard and perrell of 

my lyfe." He therefore craves letters charging the said David Moncur 

to find caution in their Lordships' books for his indemnity within six 

days. 

[On the back] " Apud Edinburgh, 4 FebnwLrij, 1607. Fiat ut 
petitur, the within wreattin David Moncur under the pane of ane . 
thousand merkis. (Signed) S. R. Cokburnk." 

4th February 46. Supplication by William Stark, servitor to Adam Couper, one of 

Supplication ^^^® Ordinary clerks of Session, as follows: — On 21st January last John 

by William Robcrtsou, youugcr, burgess of Edinburgh, was put to the hom at his 

to Adam instance for not paying 500 merks of principal and £50 of expenses 

TOmmons*'' contained in his bond. He craves summons accordingly against the 

SbSJteo^'*'* said John to compear and defend himself. [On the back] " Apud Edin- 

younger, ' burgh, quarto Feb7'uaHj\ anno, etc., 1607. Fiai ut petitur*' [No signa- 

iSSbSfgh. t,ure.] 



1607. CHARLES I. 263 

tiianboiu 47. Supplication by Sir Thomas Hammyltoun of Monkland, King's 6th February 
Advocate, as follows : — Divers acts of Parliament have been made by hiSg^^' 
Majesty for abolishing "all superstitious and popish rites, customes^^sir iiiomas 
ceremoneis and observationis usit within this kingdome during the tyme MSSkiMd,^' 
of papistrie, nochtwithstanding it is of treuth that at the tyme of the^^'*-^*^^*^ 
buriall of umquhile Isobell Auchterlony, Lady Gaicht, quhilk wes upoiln summons 
the day of the yeir of God j°»vj« and four yeiris, David Wilsone,^^^! of ' ' 
tenant and occupyar of ane pairt of the landis of Geicht, caried ane^p^^.^ 
crucifix upoun ane spere immediatelie befoir the corps of the saidp»«cticesat 
umquhile Isobell the haill way to the place of hir buriall and that be 
the speciall command and directioun of Gordoun now of Gaicht, 

sone to the said Isobell; lyik as upon the day of the yeir of 
God j°vj<^ and fyve yeiris George Crawfurd, now servitour to Hay 

of Urie, of the speciall causing, command and directioun of the said 
Gordoun of Gaicht, bure ane crucifix upoun ane spere at the 
buriall of umquhile William Gordoun of Gaicht the haiil way befoir 
his corps to the place of his buriall ; the said Gordoun now of 

Gaicht being present 'at boith the tymes foirsaidis and assist] t this 
superstitious and popisch custome be his presence, continence and allow- 
ance,' quhairby, as he hes offendit God, slanderit his kirk and halie 
ministrie, sua he hes committit a very great contempt aganis our 
soverane lord and hes violat his Majesteis lawis and actis of Parlia- 
ment, for the quhilk he and the saidis David Wilsbne and George 
Craufurd aucht and sould be persewit and puneist in thair personis and 
goodis to the terror [of utheris] to committ the lyik heirefter." He 
craves summon? accordingly. (Signed) " S. Th. Hamilton." 

[On the back] " -4/^ Edinburgh, quinto Februarij, 1607. Fiai tU 
petUur, (Signed) S. R Cokburnb." 

48. Supplication by James, Lord Balmerino, President of the Council 5th February 



^1607. 

of the Park of Halierudhous by virtue of rights and securities made to by Jamee, Lord 



and principal Secretary of this kingdom, as follows : — He has possession ^^^^ 



him thereof, but his tenants and servants there are daily molested and pr^™aent%f 
oppressed by James Ker in Dudistoun, Eichai-d Carnes there, John ^^rithSwamM* 
Bobert Ker there, James Hay there, John Stanhop there, George Ker in 
Todrige , James Murray, James Chrychtoun there, Nicol CraigeandoSSraSj 

there, Archibald Wauchop there, William Wauchop, John Cuming, Jj;j^^^^^ 
George Broun, John Wallace, Michael Wikone, Thomas Thomsone,nottpjnvade 
David Kilpatrik at the mill of Dudistoun, all tenants of the lands of the park of 
Dudistoun, Stevin Eaa in St. Leonards, James Bobesoun in Pleasance,^^^J^J^^" 
John Hendersone there, John Wilsone there, Jeromy Stevinsone there, 
Thomas Laurestoun in the Cauongate, John Heriot in Clokmyll, John 
Baxter in Bestalrige, John Huntar there, and Mr John Hart in the Canon- 
gate, *' quhilkis personis, be thame selfeis, thair tenentis and servandis in 
thair names, of thair speciall causing, command and directioun imputtis, 
haldis and pasturis thair saidis goodis [bestiall] within the said park. 



2M REGISTEPw . OF THE COUNCIL. L607^ 

coistis down the park dykis, braikis up the yettis thairof, castis faill and Mipr^Mi»"^ 
deviotis within the same and makis the girse of the said park altogether ^^^^'^ 
unproffitable to me, to my havie hurt and prejudice." He therefore 
craves letters charging them to find caution in their Lordships* books 
within six days, for securing him and his servants from molestation. 

[On the back] ** Apnd Edinburgh q%dnto Februarijy 1607* Fiat ut 
petitur^ George Todiig and M' Johne Hairt, ather of thame under the 
pane of j" merkis, James Lies, Eichard Cairnis, Johnne Ker, Bobert 
Ker, James Kay, Johnne Stenhop, James Creichtoun, Nicol Craig, 
Archibald Wauchop, Williame Wauchop, Johnne Young, George Broun, 
David Kirkpatrik, ilkane of thame under the pane of v^ lib and ilkane: 
of the remanent personis within complenit upoun v^ merkis. (Signed) 

S. R COKBURNE." 

6th February 49. Supplication by Alexander Mowat, as follows : — On 23rd July, 
1607. 1605, Andrew Mowat of Su^nzie was put to the horn at his instance 

Mowat for for uot paying to him ten pounds for each of fourscore bolls of oatmeal 
^mT" d"® ^y ^8 bond, and he still remains thereat. He therefore craves a 
Andrew Mowat gmmnons against him. 

[On the back] "Apnd Edinburgh^ vj FebrvjOLVy 1607. Fiat tU petitur. 
(Signed) Pktkr Eollok." 



6th February 50. Supplication by Ninian Hog of Blarydene, as follows: — Thomas 

'v Eraser in Pitquotins and George Eraser in Corsquie, having conceived 

by Ninian Hog malicc .agaiust him, daily and continually " bostis, minassis, schoris and 

for lawlnrrowa ftvowis " to havc his life, and will not fail, to take some "unhonnest 

iSweHn™^ advantage " of him as they may find occasion, so that he cannot resort 

Pitquotins, and in the country. He craves they may be cited and placed under caution 

inCOT^ni^"^ of lawburrows. Cf, vol. vii, pp. 314, 315. On the hsLck/' Apvd Edin- 

hurgh^ sexto Fdmarii, 1607* Fiat ut petitur, athir of thir personis within 

complenit upoun undir the pane of j™ merkis* S. R. Cokburne." 

«^ February 51. Supplication by Archibald, Earl of Ergyll, against Harry Stewart 
Archibald ^^ Barskymmiug, as narrated in vol. vii. p. 336. On the back ^' Apnd 
Em] of Argyll, Sdiriburgh, sexto Februariu anTto 1607. Fiat ut petitur. S. E. COK- 

affainst Harry „ 

Stewart of BURNB." 
Barskimming. 

6th February 52. Supplication by Walter Grahame in Mossop, as follows: — On 
g^^Y May last he was in the town of Moffat, " doing certane my lesum 

by Walter effairis, and, ef ter the dispatche thairof , I being in sober maner passing 
MMsop foi*^ furth at the wast end of the said town, lippyning for na harme, trouble 
raiuaWamoH ^^^ iDJurie of oriy pcrsonis, it is of treuth that James Johnnstoun of 
Johnstone in Chappcll, Thomas Johnustoun of Corhcid, with others 

others, whom thair complices, all bodin^ in feir of weir, with swordis, lang staulffis, 
o^aom^tf gantellatis and others waponis invasive, haveing demit thame selfiis at 
the said toun and attending my bycomeing, and, how sone they, persavit 



1607. CHAELES I. 265 

MuoeUaneoas me, they maist schamefuUie, cruellie and unmercifuUie invaidit and 
Papers. perscwit me of my lyflf with drawin swordis for my bodelie harme and 

hurte, and woundit me in the lycht airme and utheris pairtis of my 
body to the effusioan of my blude in grite quantitie ; lyke as they had 
not faillit to have alane me, wer nocht they wer stayit be certane 
pereonis thair present for the tyme. And, not content thairwith, npoun 
the last day of December theref ter, I being in the dwelling house of 
Andro Sampsoun in Ammigshaw in sober manor, lippyning for na harme, 
trouble nor injarie of any personis, it is of treuth that the saidis William 
Garmichaell enterit within the said house or evir I wes 

wer of thame and maist schamefuUie, cruellie and unmercifuUie invaidit 
and persewit me of my lyfif with drawin swordis and slang ane quhin- 
year at me of purpois and intentioun to have slane me thairwith wer 
nocht," etc. He therefore craves a summons against them. 

[On the back] " Apud Edivburgh, sexto Fdymarij, 1670. Fiat lU 
petitur. (Signed) S. E. Cokburnb." 

53. Supplication by Sir Thomas Hamihoun of Monkland, knight, 7th February 
King's advocate, for his Majesty's interest, and Sir Geoi^ Elphingstoun ^^' . . 
of Blythiswode, knight, and Mr George Stirling for their interests, as s^E^^ge^ 
follows: — There have been many good acts of Parliament made by his|}Pj^^°^ 
Majesty and his predecessors " anent the staying of all tumultis and 'or summons 
unlauchfull meitingis and convocationis within burgh and anent thata^omu 
modest, quyet and peccable behaviour quhilk becometh civile andflS^rey^ 
honnest citizenis to cary within burgh," by which acts all ranks and JJ^^^jjJ^'j^ 
degrees of persons are forbidden to assemble together upon any pretext Giaagow, whom 
whatsoever, except they duly intimate the lawful causes of such meetings s^id^^^^ 
to the provost and bailies of the burgh and obtain license thereto, and ^^^'' 
allow nothing tending to the derogation of the acts of Parliament 
for the good government of burghs to be done at the said meetings ; as 
also there have been many good acts of Parliament, Convention and 
Secret Council made against bearing and wearing hagbuts and pistolets. 
Nevertheless, on 26 th January last, John and Thomas Clogyis and 
Umphra M^Calpine, indwellers in Glasgow, " bodin in feir of weir with 
hacquebutis, pistollettis and utheris waponis invasive come under cloude 
and silence of night to my duelling house in Glasgw and demit thame 
selfiis covertlie and obscurelie aboute my said house, attending and 
awaitting my outcomeing upoun sett purpois and provisioun to haif 
slane and murdreist me, and, ef ter thay had remanit a lang space aboute 
my house, finding no appearance of my outcomeing and persaveing M' 
George Stirling, my neir kynnisman and servand, comeing to my house, 
thay moist feirslie and cruellie sett upoun him and or evir he wes war 
of thame invadit and persewit him of his lyfife, dischargeit tua pistollettis 
at him, wherwith thay schoit away the taillis of his doublatt, and 
tharef ter the said Umphra invadit him of his lyfife with ane drawne 
swerd and hurte him thairwith in the hand sua that he eschaiped very 



266 REGISTER OF THE COUNCIL. 1607. 

narrowlie with his lyfFe. And, not contenting thame selffis with this MiacoUaiieouft 
barbarous and detestable fact committit under silence of nycht, as said ^^^^ 
is, and continewing constant in thair former resolutioun to haif my 
lyffe, thay immediatlie that same nycht associat unto thame selffis 
Niniane Andersoun, deacone of the cordinaris, Thomas Fawsyde, deacone 
of the baxtaris, Alexander Cauldwell, deacone of the skynnars, 

with utheris, thair compliceis, to the nomber of tua hondreth 
personis, quha wer all attending and awaiting upoun the event of the 
first persute and invasioun, of purpois and intentioun to haif assisted 
the said Clogyis and M^Galpine in caice thai had bene persewit or that 
ony resistance had bene maid unto thame ; hot being by the providence 
of Ood thair barbarous and detestable purpois misgaif thame, the 
f oirsaidis haill personis than assemblit and amassit thame selffis togidder 
with a resolute purpois and determinatioun to have assailyeit myne the 
said Sir George house and to have murdreist and slane me within the 
same ; and after a lang conference and dispute amangis thame selffis 
anent the forme and maner of the brasheing of my house, and finding 
that thair wald be ane very great difficulty in that mater and that 
goodlie thai could not come to thair intent, thay dissolvit for that nycht 
with mony premisses, vowis and protestationis to do thair tume upoun 
the secund day thairaftir following. And for this efifect the foirsaid 
deaconis and the said Niniane Andersoun, usurping upoun him the 
name of deacone convenair, directit Symon Baird, generall officer for the 
craftis, to wame the haill craftis to be in reddines upoun the mome 
thairefter in thair best aray to assist thair deaconis in sic interpryisses 
as thai had to be put in executioun that day, whilk wes to persew me, 
the said Sir George, of my lyfiFe ; bot it pleased God, who is the protector 
of the innocentis, to frustrat and disapoint lykwise that thair interprise. 
Quhilkis haill personis abonewrittin wer principall authoris, divisars and 
personall executouris of the formar troublis whilkis fell oute within that 
burgh, and of the persute and invasioun of some of your Lordships 
honnorable nomber who wer within the citie of Glasgw for the tyme ; 
lykeas, thai being callit and convenit for the same, they wer be a very 
famous tryell convict gilty and wardit for the same, bot the great lenitie 
shawin to thame at that tyme hes encourageit thaim, upoun the hoip 
of the lyke oursycht, lenitie and impunitie in all tymes heirefter, to 
committ this new insolence and ryot and to violat the lawis and actis 
foirsaid, for the whilk thai aucht to be persewit and punist in thfdr 
personis and gudis to the terrour of utheris." They therefore crave 
summons against them. (Signed) " S. Th. Hamilton." 

[On the back] " Apud Ediiiburgh, 8q>tinw FebrtuiHj, 1607. Fiat ut 
petitur. (Signed) S. R Cokbukne." 

9th February 54. Supplication by Thomas Fraser in Fitquottines and George 
s^^V ti Frsaer in Corsquie, as follows : — Ninian Hog of Blarydryne and Ninian 
by 'niomas Hog, his SOU and apparent heir, " haveing consavit ane deidlie haitrent 



1607. CHAKLES I. 267 

MisceUaneooa and malice aganis us, causes daylie and continewalie boistis, minassis, Fmser in 
^*^"' schoris and avowis to have our lyflSs and will not faill to tak sum ^^.a*^"^ 

unhonnest advantage of us as they may find the commoditie." They c^ui" for 
therefore crave letters charging the offenders to find caution for their letters of 
safety within fifteen days. N^u*n Hog*of 

[On the back] '' Apud Hdinburgh, nono FebruaHj, 1607. Fiat ut^^^^^ 
petUur, the said Niniaue Hog, elder, j°* 11., and his sone j" merkis. Hog, his son. 
(Signed) S. R. Cokburnk." 

55. Supplication by David Gumming in Ardormie and Archibald J^ February 
and John, his sons, against Lawrence Reid in Ardormie, William, his supplication 
son, and Patrick, William and George Reid, his brothers, as narrated in ^ ^^V^ . 

' o ' ' Uummtng m 

vol. vii., p. 326. On the back '^ Apvd Edivburyh^ nono die m«?im Ardormie and 
February, 1607. Fia^ summonUio ut petitur to the xxvi day of Februair a^i^t Siw- 
instant, and to suspend and dischairge vi infra quhill the last day o^A^mielnd 
the samyn moneth ; becaus the complenairis hes found cautioun to the bu »>ns. 
effect within writtin as ane act maid thairupoun beiris. S. R. CocK- 

BURNB." 

56. Supplication by (Jeorge Bruce of Carnock, as follows: — He has 9th February 
''for the past twelve years upheld and maintained a dam upon the^ '.^^.^^ 



common muir of Culross for retaining water to serve the mill of his by ( 
heugh of Culross, and there is a " watter gang " therefrom to the said carnock for 
heugh, whereof he has been in peaceable possession during the said J,*^**^ j^j^^ 
time, " lykeas the same wes the ordiner course and passage of the watter o*jo'Maw 
fra that parte of the muire of Culrois to the sey in all ageis bigane, and to And caution 
the same wes nevir quarrellit, impedit nor stayed, nather yitt wes loTw^and^^^is 
interrupted or troublit in my possession thairof and of the said dam -nor ^•^''^^^■'J^^^ 
na questioun moved aganis me thairanent whill now of lait that Johnne of a certain 
6aw of Maw and his spous and Broun, his moder, upoun what^.bJi^^r'^ 

pretens or occasioun I kuaw not, hot upoun a malicious humour and 
dispositioun aganis me, disdaining to quarrell my possessioun be the 
ordinair forme of law and justice, hes enterit in a very violent and 
laules course aganis me, hes demolisheit and brokin doun my said dam 
sua that the haill watter quhilk now in winter I had provydit for the 
service of my heuch in this nixt soumer is lost; lykeas thai have teillit 
up the said wattergang, and intendis be thir and utheris the lyke 
violent courses to hasard and perrell the estate of my heuch and to 
draw me to grite and extraordiner chairgeis and expenses in preserving 
my said heuch be the force of men and horses wher as of befoir the 
same wes done with watter, to the whilkis violent and insolent courses 
thay ar encourageit be my patience and peaceable behaviour, and becaus 
thay knaw that in all my actionis I hfdf conformed myself to the 
obedyence of the law and that it will not ly in thair power be thair 
misbehaviour to move me to attempt ony violent or privat revenge, 
whilk is the onlie bute thay schoit at, that thairby thay may haif some 



268 REGISTER OF THE COUNCIL 1607. 

mater of complaint aganis me. Alwayes, howevir thay half behavit MisoeUaneoo^ 
thameselfis to me, I will content myselff with the remeid of law and ^^^^ 
that ordinarie suirtie usuall to be givin be your Lordships to his 
Majeateis goode subjectis." He therefore craves letters for chargeing 
the said John Gaw of Maw and his mother to find caution for the 
safety and indemnity of him and his tenants and servants, and the said 
watergang and coalheugh, within six days. 

[On the back] " Apud JSdinburgh, nono mensis Februarij anno, etc., 
1607. Fiat lit petitur, the said Johnne Gaw of Maw undir the pane 
of ane thowsand pundis and Broun, his moder, undir the pane of 

ane thowsand merkis. (Signed) S. R Cokburnk." 

loth February 57. Supplication by Violet Twedy, widow of Harry Bickartoun, 
v^^i-rj^g^y writer, as follows: — On 23rd December last James Twedy of Drum- 
widow of malzer was put to the horn at her instance for a debt of £1000 of 
Bickerton, principal and £100 of annualrent due for the years 1603-1606, and 
^iMt James ^® ^tiU remains thereat. She therefore craves summons against him. 
D^S^me^^^ [On the back] " Apud Edinburgh, decinw Februarij, 1607. Fiat ut 
' petitur. (Signed) S. E. Cokburnk." 

loth February 58. Supplication by Robert Murray, maltman, burgess of Perth, and 
Robert [-A^g^cs] Broun, his spouse, against Mr Robert Ross of Cragie, as 

Murray, malts- principal, and Patrick Kynnard, John Broun and Alexander Miller in 
of Perth, and Cragie, as Cautioners, as narrated in vol. vii, pp. 319-320. [On the 
b§°8poSir°' back]"-4pwd Edinburgh, decimo Februarii, 1607. Fiat ut petitur. 
MT^tMn s. R. Cokburnk." 

Robert Ross 
of Craigie. 

1607^'^"^*'^ "59. Supplication by Hector Turneble of Stanyledge against Robert 
Hector Scot in Northhous, as narrated in vol. vii, pp. 325, 326. On the back, 

Stanyledge " Apud Edinburgh, decimo Februarij, 1607. Fiat ut petitur, S. R. 

house. 

William 60. Supplication by William AUansone, burgess and bailie of Jed- 

bu^^°and burgh, against Walter Turnbull of Badreull, as narrated in vol. vii, p. 
Wh,°yal2Lt 333. On the back, ''Apud Edinburgh, tent Februarii, 1607. Fiat ut 

Walter^rn- petitur. S. R. COKBURNK." 
bullofBedrule.-^ 

Edward 61. SuppUcation by Edward Maxwell of the He, gainst Francis 

isie^a^inst* ^ Johnstoun in Priestwodsyde, John and Thomas, his brothers, and others, 
Johnstone in ^ narrated in vol. vii, p. 345. On the back, "Apud Edinburgh, decimo 
Priestwood- Februarii, 1607. Fiat ut petitur. S. R. CoKBURNB," 

side and his 
brothers. 

SuppUcation 62. Supplication by Henry Wardlaw of Balmull, chamberlain of 
vfi^law of Dunfermline, as follows : — As chamberlain of the said lordship he is 
^^™be 'i • f ^^^^^ ^^ make payment to James Hay of Kingask, collector general 
Dunfermline, of the taxation , or his deputies, of the sum of £1148 8s. Od. for the first 



1607. CHARLES I. 269 

Miseeiiaoeoiis term's payment of the said lordship, ^' and, albeit it be providit and for letters 
^'***'*' appoint be act of Parliament that all prelatis and beneficit personis sail feiJSre^ the 

convene thair fewaris, takkismen and pensionairis, and be common J^^^g^^^^E 
consent mak a distribution of the taxatioun of the prelacie amang thame the siippUcant 
according to the proportioun and frie rent quhilk everie ane of thame for thepu^pose 
hes of the said prelacie, nevertheles the vassaillis, f ewairis, takkismen ^gSJ^t^uf 
and pensionairis of the said lordship of Dunfermling onnawyse will 
conveyne with me and gif their consentis to the seting doun of ane 
stent roll and making of ane equall distribution of the taxatioun of 
the said lordship amang thame without remeid be providit." Therefore 
he craves letters charging the feuars and pensioners to meet with him 
in Edinburgh on a certain day for the purpose of making a stent roll 
for his relief, and failing their compearance that he shall be at liberty 
according to the act of Parliament to make the stent roll himself. 

[On the back] " Apvd Edinbwrgh, decimo February^ 1607. FicU iU 
petitur. (Signed) Al. Cancells"." 

63. Supplication by Janet Boyd, widow of Jonat [sie] Watt, burgess loth February 
of Edinburgh, and liferenter of the lands aftermentioned, as follows : — supplication 



She has the half merk land of Litle Cowcadenis in the barony of b^ Janet Boyd, 

wiciow Ox a 

Glasgow in liferent, and has possessed the same peaceably for a long burgess of 
time, but, on I7th March last, Elspetb Buchanan, wife of John ^'^^;i^Jig 
Galbraith, merchant burgess of Glasgow, and Buchanan, herMr»i^^E'»P«*^ 

brother, and other accomplices; " boddin in feir of wear, off the speciallwifeof Joim 
causing, command, directioun and hounding out of the said Johnne mere^nt' 
Galbraith, come to my saidis landis of Litle Cowcadenis, quhair I had^^®^°^^^ 
enterit my pleugh for teilling of the same, and, efter diverse injurious her brother, 
and reprochfuU speiches utterit be thame agains my servandis 
gangand at the said pleugh, first with guilleis and quhytillis wiolentlie 
cuttit the theittis and sydreppis of my said pleugh and nixt houndit 
and chassit my saidis servandis from the same, schoring and awowing to 
berefe thame of their lyves, lyik as they haid not failzit to have slene 
thame of sett purpois, provision and foirthocht fellony wer [not] they 
fled away for saiftie of their lyfes." She therefore craves summons 
against them. 

[On the back] ** Apiid Edinburgh, decimo February, 1607. Remittis 
to the judge ordinar." {No signature.) 

[Also on the back] *' Apud Edinburgh, decimo 6 February^ 1607. 
Fiat ut petitur. (Signed) S. R. Cokburnk." 

64. Supplication by Mr Bobert Ker, husbakid of Helen Grymaslaw, loth February 
Lady Newtoun, as follows: — On February instant he was^^ lication 

pursued and asseged in his house of Newtoun by Eer of Newtoun b^ Mr. Robert 

and his accomplices carrying forbidden weapons, and fearing ^^Svlwy^tWB 
disturbance of the peace of the country Sir William Cranstoun, captain ^^^^ 
of his majesty's garrison, came to the said bouse, removed the besiegers 



270 REGISTER OF THE COUNCIL. 1607. 

therefrom, and took the same from him, which is yet detained and keptHiBoelUtneoos 
undelivered to the petitioner. He therefore craves letters for charging ^'*' 
the said captain and all other keepers thereof to restore his house to 
him within six hours, or allege a cause for refusing the demand. 

[On the back] '' Apud Edinburgh, decinio Februarif, 1607. McU ui 
petitur, or ellis to compeir upoun the xv day ef ter the charge. (Signed) 
MoNTROiss, Commissioner ; Al. Cancell"." 

11th February 65. SuppUcatiou by Gcorgo Broun of Colstoun against James Broun, 
Ucation ®^^®^> merchant burgess of Edinburgh, as narrated in vol. vii., p. 318. 
by George On the htJuok, *^ Apud Edinburgh^ undecimo FebruaHi anno, etc., 1607. 
CdJton?^ -^^^ «^^ petitur. S. R. Cokburne." 

11th February 66. Supplication by James Maistertoun in Baith as follows: — On 
Su Ucation ^^^ February instant, being Sabbath, he being " in the kirk of Dunferm- 
by James ling at the eftirnone's preitching siting besyde the bailleis of the toun 
B^th against of Dunfcrmliug and lippynning for nathing les than ony harme or 
Basket for inj^irie to have beene offerrit to me in that place, being the house of 
assault. God quhair the haill parriochynnairs wer convenit to his service, 

notwithstanding it is of treuth that Fatrik Halket, brother to Sir Patrik 
Halket of Fitfirren, being informit that I wes in the said kirk and nocht 
contenting himselff to await the ending of the preitching bot in 
contempt of God and of his Majestic resolveing to execute his privat 
gi*udge aganis me within the said kirk in the verie meantyme of the 
preitching, he for this effect addresses himselff directlie towardis the 
place quhair I wes sitting in the kirk besyde the bailyeis, as said is, and 
in his going by me he, with his fauldit neve, strak me upoun the face, 
with the quhilk attempt, in regaird of the tyme and place, I patientlie 
comportit, houping to have ressaved na forder injurie of him at that 
tyme, bot he placeing himselff upoun the other syde of the baillie quha 
sat betuix us awaiting the occasioun to be forder revengit upoun me, 
sa sone as the minister wes at the prayer, persaveing me at my prayer, 
haveing my face coverit with my hatt, he moist schamefuUie, cruellie 
and unhonnestlie er evir I wes war of him, strak me behind my bak 
with ane durk upoun the heid and hes woundit me deidlie therwith 
and preissit to have bereft me altogidder of my lyff wer not he wes 
stayed be the said baillie and certane utheris quha wer sitting in the 
dask besyde us. Quhilk vyld and detestable fact commitit within the 
kirk of God in tyme of preitching, as it is maist offensive to God sua is 
it a insolence verie contemptible aganis his Majestie and of a maist 
wiked and fouU example, the oursicht and impunitie quherof will 
incurage utheris insolent and lawles personis to commit the lyk, without 
remeid be providit." He craves summons against the said Patrick to 
compear and give his oath anent the premises, under pain of exemplary 
punishment. 

[On the back] " Aptid Edinburgh, undecimo Fdyruarij, 1607. Fiat ut 
petitur. (Signed) S. R. Cokburnb." 



1607. CHARLES I. 271 

Miweiianeoiu 67. Supplication by John Stalker in Ava, as follows: — James Drys- nth February 
****** daill in Ava and William Monteith his son-in-law, " haveing consavit ane 

deadlie malice aganis me without ony just cans of offence offerit be me by ^hn 
to thame, and being suirlie informit that upon the day of September ih^a against 
last I wes retouming to my hous from the harvest feild quhair I haid ^^^j^ 
bene all that day wyning my cornes, lippning for na thing les then ony there, and 
injurie, harme or oppressioun to have bene ofiferit to me, they thinking S^uit!^ ^^ 
that tyme maist meitt for executing thair privat gruge aganis me, lay in 
waite be the way and as I come by thame sett upoun me and with 
ane halbert and come fork cruellie and unmercifully invadit and 
persewit me of my lyfe, brack my left schulder blaid and arme thair- 
with and gaff me mony bauch and bla strackis and left me lyand for 
deid.'* He craves summons against them. 

[On the back] " Apud Bdinbtirgh, og Febrtiar, 1607. Fiat iU petitur. 
(Signed) S. R. Cokburnb." 

68. Supplication by Henry Forbes and William Skene, burgesses of I2gb February 
Aberdeen, as follows: — On August, 1598, John Abimethie, some- g 'j.^^^^ 
time in Caskieben and now in Caimefeild, was put to the horn at their by ^i^^J 
instance for not paying £8 for each of forty bolls of beir conform to his wiiiiam Skene 
obligation. They therefore crave letters charging him to compear, orjf^^g^y^" 
else to be apprehended by the captain of the guard and his property 
confiscated. 

[On the back] " Apud EdinbiirghyXij February, 1607. Fiat vipetitur. 
(Signed) S. R Cokburnb." 

6 9. Supplication by John Bait, sometime in Silliflat, and Mr David Rait, i^h February 
principal of the College of Abirdene, against Arthur Stratoun, as guppHcation 
narrated in vol. vii., p. 327. On the back, '^ Apud Edinburgh xijhjI^nRait 
Febrmrijy 1607. Fiat ut petitur. S. R Cokbuicnb." David Rait 

70. Supplication by George Wairdlaw, sheriff clerk of Forfar, as isth February 
follows : — On 6 th February instant, being in his own house in " in g 'ligation 

peaceable and quyett maner doing my leasome effairis, lippning that noby &orge 
harme nor injurie to have bene done to me, it is of treuth that Sir David charging 
Wod, being in Bony toun, directit and send , his servand, to me ^o^rnd 

desyring me to come and speik with the said Sir David, his maister, for others with 
certane his effairis, and, suspecting nathing les than that quhilk wes 
intendit be the said Sir David, I come fra my awin hous the space of 
half ane myle to him, single myne alene, without any kynd of armour 
except ane litle gangand staff in my hand, and, how soone I come unto 
him, first upbradit me with injurious and dispytf uU speiches without any 
occasionne of offence or injurie done be me to him bot simplie laying to 
my chairge that I haid wreattin ane missive letter at the desyre of his 
mother quhilk wes directit from his father and mother unto himselff, and 
albeit I did quhat in me lay to have satisfeit him in reasone yit he, not 



272 REGISTER OF THE COUNCIL 1607. 

contentit him selfe with his idjureing of [me] by his contumelious and MiRMtUneong 
dispyteful speiches, he and his servandis, quha were in compiainy^*^*®^ 

with him, drew all thair swordis and feirslie and cruellie invadit and 
persewit me of my life, I haveing no thing to defend myselfe bot ane 
litle gangand stafe in my hand. And I being at that tyme by the great 
providence of God, quha is the protectdur and defendar of innocentis, fred 
and releiwit of that appeirand danger, the said Sir David npouu the 
ellevint of this instant directit Alexander Wod, his servand, to my said 
duelling hous to berefe me of my lyfe, lyik as the said Alexander come 
upoun horsbak to my said hous, red about the same, schoutting and 
provoking me to cum furth, and had not failit to have slain me were 
not I gave place to his insolence ; and I, being a publick officer, may not 
in peace and suirtie resort and repair in the countrey for dischairge of my. 
office and serveing of his majesties lieges for fear of my lyfa" He 
therefore craves summons against them. 

[On the back] " Apivd Edinburgh^ xiij Febrtiar, 1607. Fiai ntpetitur. 
(Signed) S. R. Cokbume." 

18th February 7l. Supplication by George Wairdlaw, sheriflf clerk of Forfar, as 

1607. follows:^ — Sir David Wod and Alexander Wod and James Fenton, his 

Another servitors, " haveing consavit ane deidlie malice aud haitrent aganis me 

bTSlcTsiJine. without auic just caus offerit be me to thame,hes not onlie diverse tyme 

umbesett and persewit me of my lyfe bot also bragis, boistis, schoiris and 

avowis to have my lyfe, lyik as they will not f aile to tak some unhonnest 

advantage of me quhen occasioun sail offer, quhairthrow I being ane 

publict officer of this kingdome may not saiflie hant and repair in the 

countrey for the dischairge of my office and serving of our soverane 

lordis lieges." He therefore craves letters charging them to find caution 

within six days. 

[On the back] Apod Edinburgh, xiij Februarij, 1607. Mai vjtpetitur, 
the within wreittin Sir David Wod, under the pane of ane thousand 
pundis, and ather of his tua servandis within wreittin under the pane 
of 2° merkis. (Signed) S. R. Cokburnb." 

13th February 72. Supplication by Adam Menezcis of Enoche. complaining against 
• John, Earl of Wigton, Lord Fleming, etc.. Sir James Dowglas of Drum- 

lanrig, knight, William Dowglas, his son and apparent heir, 
Dowglas, his second son, John Dowglas, his son natural. Sir Robert 
Dalzell, elder of that Ilk, Sir Robert Dalzell, younger of that Ilk, knight, 
Sir Robert Creghtoun of Cluny, knight, John Menezeis of Castelhill, 
Creghtoun, younger of Innerney tie, James Menezeis of AuchinseU, 
Archibald Menezeis, bailie of Enoche, Archibald Dowglas of Carranhill, 
Hew Dowglas of Mortoun, William Bel of Blaickethous called Ridcloick, 
Alexander Ciiirlell of called young Alexander, Adam Cairlell of 

Bankis, Rany Bel of Godsbrig, Mr Robert Henrysone, minister at the kirk 
of Durrisdeir, James Mackmathe of , James Creghtoun, brother 



1607. CHARLES I. 273 

MtTceiUmeolu german to William Creghtoun of Ryhill, and Bobert Makghie at the walk 
*^'** mill of Enoche, ae follows : — The said Lairds of Drumlanrig, elder and 

younger, and the said Mr Bobert Hendersone, minister, having lately 
"barbarouslie and inhumanelie raisit the corpis of umquhill William 
Menezeis, my sone, buryeit within my awin proper ile of the kirk of 
Durrisdeir, quhilk being tryit be your Lordships decreit wes given in my 
favouris ^anis thame, yit it is of treuthe that the saidis persones and all 
the uther particular persones abonewryttin hes conceived ane deidly 
haitrent, rancour and evill will aganes me, and hes oppynlie and privatlie 
avowit to have my lyfife swa that I dar nocht saifelie repair for doing 
of my lawfuU efifairis for just feir of my lyflfe ; lykeas thai lykewyse 
intendis to truble and oppress me in the saidis landis of Enoches and 
teyndis tbairof, and be cutting of my wodis and parkis, giveand thairby 
evill exampill to utheris to commit the lyke." He craves that they 
may be charged to find lawborrows within six days. 

[On the back] " Apud Ediriburgh, xiij Februarij, 1607. Fiat ut petitur, 
the Laird of Drumlanrig, elder, four thousand merkis, the Laird of 
Drumlanrig, younger, iij" merkis, the Lairdis of Dalzell, elder and 
younger, the Laird of Cluny, ilkane of thame, under the pane of tua 
thousand merkis, the Lairdis of Castelhill, Innernytie, younger, and 
Auchinsell, and Hew Douglas of Mortoun, ilkane of thame, under the 
pane of ane thousand pundis, and ilkane of the remanent personis within 
complenit upoun under the pane of ane thousand merkis. (Signed) 
S. B. CoKBURNE." [Also signed at foot] " Jo. Young." 

73. Supplication by John, Earl of Montrose, and Sir Bobert Graham isth February 
of Scottistoun, knight, his son, as follows: — On 10th January last John j^'^ Eu-iof 
Sibbald, portioner of Kinkell, was put to the horn at their instance for Montrose, and 
not paying a debt of £309 6s. 8d. of principal and 100 merks of S^rahftm "^ 
expenses contained in his bond, and he still remains thereat. Theyg^^^|J'^°**'* 
crave summons against him. 

[On the back] "Apud Edinbttrgh, xiij, Fehriiarii, 1607. Fiat ut 
petitur. (Signed) P'. BoLLOK." 

74. Supplication by Mr James Durhame of Duntervie, as follows: — isth February 
On 3rd January last James Bannatyne in Moit, John Weir in South- j^^^^^g 
feild, and Gavin Cleland under the Bank, were put to the horn for notonrham 
collecting and uplifting the teind bolls, bear and meal, of the kirk and Bannatyne"^" 
parish of Lesmahagow, conform to the old rental thereof of crop 1604,*'^*^°***®'^^ 
and paying the same to him, and in otherwise failing to fulfil their 
agreement with him. He craves summons against them. 

[On the back] " Apvd Edintnirgh, xiij Februarij, 1607. Fiat ut 
petitur. (Signed) P'. Bollok." 

75. Supplication by George Edzer, merchant burgess of Dumfries, 14th February 
Gilbert Greirsone in Little Dempstertoun, Cubert Greirsone there, William ^^^• 

VOL. vm. s 



274 REGISTER OF THE COUNCIL. 1607. 

George Edaer Makfedzeane there, Thomas M^Fedzeane there, Bessie Maxwell there, ^^fj*^*®'" 

and others rttpors. 

against John M^Kinnay there, and Janet M^^Chachter there, as follows: — 

^Li^^n^""* William Greir of Lag, William Greir of Dulgono, Thomas Greir, his 
others. brother, Gilbert Greir of Dustairt, James Maxwell of Porterak, Robert, 

John, and Hamour Maxwellis, his sons, Gilbert Greir called Thomas 
Gibbie, John Haning in Glenguber, and Arthur Cunynghame of 
Cragnestoun, " haveing consavit ane deadlie malice and haitrent aganis 
us, not onlie bragis, boistis, schoiris and avovis to have our lyfes hot also 
havelie trublis and molestis us in the possessioun of our saidis landis 
[of] Dempstertoun pertening to us heretablie, as our infeftmentis maid 
to \i8 thairupoun beiris, lyik as they will not faile to tak some unhonnest 
advantage of us quhen occasion sail offer, quhairthrow we may not 
saiflie hant nor repair in the countrey nather yit peaceablie labour and 
mannour our saidis landis.'* They therefore crave that the persons 
complained upon may be charged to find caution for their indemnity, 
within six days. 

[On the back] "Apvui Edinburgh, xiiij Februarij, 1607. Fiai ut petitur, 
the Laird of Lag under the pane [of] j°*lib., the within wreattin James 
Maxwell of Porterak, William Greir of Dalgono, Gilbert Greir of 
Dastairt, and Arthour Cunynghame of Cragnestoun, under the pane of 
v^ lib., and ilkane of the remanent persones under pane of iiij® merkis. 
(Signed) S. R. Cokbuknk." 

14th February 76. Supplication by George Edzer, merchant bui^ess of Dumfreis, 
GeoreeEdzer ^rilbert Grcirsone in Little Dumstertoun, Cuthbert Greirsone there, 
merchant * William M*^Fegzean there, Thomas M^Fegzeane there, John M^Kinnay 
Dom^es, and there, as follows : — They possess heretably the lands of Litle Demp- 
wmlam^rier stcrtoun according to their infef tments, and for long have enjoyed peace, 
o[ Lag. and Until of late William Greir of Lag, William Greir of Dalgono, Thomas 
Greir, his brother, Gilbert Greir of Dastairt, Gilbert Greir called Thomas 
Gibbie, James Maxwell of Porterak, Robert, John and Hamour, his sons, 
John Haning in Glenguber, Arthur Cunynghame of Craigneston, " for 
quhat cans we knaw not intendis by oppin violence to debar us fra the 
possessioun thairof and to mak the same altogether unproffitable unto 
us, and for this effect, upoun the ellevint day of Februar instant, they 
all boddin in feir of weir with swordis, lances, secreitis, plaitsleivis and 
utheris waponis invasive come to oure saidis landis of Demstertoun, 
quhair we and our servandis wer gangand at oure pleugh in quyat and 
peaceable maner, first utterit diverse and many injurious and despytfull 
speiches aganis us, schoring and avowing to have oure lyfes incaice we 
lousit not oure said pleugh, and in end forcit and compellit us to leaf 
the samen, houndit and away chessit our goods and bestiall thairfra and 
with drawin swordis and lances invaidit and persewit us of our lyfes, 
hurt and woundit me, the said Thomas M^Fegzeane, in diverse pairtis of 
my body to the effusioun of my blood in great quantitie. They there- 
fore crave summons against them. 



1607. CHAELES I. 275 

Miseeiuuieoiis [On the back] '^Apud Edinburgh, xiiij Februarij, 1607. Fiat ut petitur. 
^P^ (Signed) S. R Cokburne." 

77. Supplication by Sir James Maxwell of Calderwode, knight, as I4th February 
follows : — He has been charged to make payment of taxation for his g^ ^cation 
lands, viz., xxxs. for every pound land belonging to him for his part ofbvSirJameB 
the taxatioun granted to his Majesty's marriage, also xxxs. per pound c^derwi^ 
land for the taxation granted to the baptism of the prince, xls. per^^^j^^" 
pound land for the taxation of 200,000 merks of which the Earl of 
Lothian was collector, and xxs. per pound land for the taxation of 
100,000 merks of which the Duke of Lennox and the Earl of Mar were 
collectors; all which taxations were duly paid by him, and by virtue of 

the ucts of Parliament and Council anent taxation he ought to be 
relieved at the hands of his vassals, subvassals, ladies of terce, conjoint 
fears, and liferenters, but this he cannot obtain. He therefore craves 
letters against them to pay to him the above taxations, each for their 
respective lands held from him, within 20 days after the charge, under 
pain of poinding. 

[On the back] '*Aptul Edinburgh, xiiij Februarij, 1607. Fiat ut petitur. 
S. R COKBURNK." 

78. Supplication by William Lymburner, goldsmith, and Simon I6th February 
Stewairt, merchant, burgesses of Glasgow, as follows : — Although there g^j.^^^ 
are acts of Parliament and Council anent the staying of tumults and by Wiiiiam 
convocations in burghs, and for the peaceable and quiet behaviour of goidsmiUiTand 
citizens, yet Sir George Elphingstoun of Blythiswode, having " throw ^JJ^jfJf'^*'^' 
the occasioun of the lait trouble and discord fallin out betuix the Laird ^^^^tf^^u^' 
of Mynto and him notour to your Lordships maid ane solempe vow to for summolia 
get us and certane our nychtbouris burgesses of the said burgh hangit;c£^Seliphin. 
lykeas the said Sir Geoi^e, alsweill be law as by law, be all indirect gJ^'J®^^^^ 
meanis hes socht us for our utter ourthrow, as namelie upoun the xxvij and others. ' 
day of Januar last, haveing gottin intelligence that I, the said William 
Lymburner, wes past up the hie streit of the said burgh of Glasgow, 

with certane silver work maid be me to the Laird of Mynto, younger, 
and knawing that I wes schortlie to returne bak agane doun the said 
streit, he, accumpanyit with the nowmer of fyftene personis or thairby, 
his associatis, all bodin in feir of weir with swordis, daigeris, gantillatis 
and utheris wapponis invasive, lay at await for me attending my doun 
coming ; lyk as howsone the said Sir George persaveit me to be comeand 
doun the said streit he maist feirslie sat upoun me and maist schamefuUie, 
cruellie and unmercifullie invaidit and persewit me of my lyff with ane 
drawin daiger, and stak and dang me thairwith on the shoulder; lykeas 
sindrie of his saidis associatis drew furth their swordis and maist 
schamefuUie and nnhonnestlie invadit and persewit me thairwith of my 
lyff of purpois and intentioun to have slane me thairwith ; lykeas they 
had not faillit to have bereft me of my lyff wer not they war stayit be 



276 REGISTER OF THE COUNCIL 1607. 

certane our nychtbouris of the said toun quha stayit thame. Lykeas MufeeUaneom 
immediatlie thairef ter I past to the baillieis of the said burgh to have ^p*^ 
gotin redress of the injurie and wrang done be the said Sir George to 
me, the said Sir George, haveing gottin intelligence thairof, associat unto 
himselfif the nowmer of fyftie personis or thairby at his awne dwelling 
house in Glasgow, all bodin in feir of weir with swordis, steilbonnetis, 
bandit staulfis and utheris wapponis invasive, of purpois and intentioun 
to have come doun the hie gait and invaidit and persewit me of my lyff ; 
lykeas he had not faillit to have come doun the said streit and invaidit 
and persewit me of my lyfif wer not he wes stayit be Thomas Mure, ane 
of the saidis bailleis, and certain of the ministerie of the said burgh. 
Lykeas upoun the nynt day of Februair instant the said Sir George 
instigat and steiritupJohneGalbraith,burges of said burgh, to come to the 
dwelling house of me, the said Symone Stewairt, to persew me of my lyffe, 
quha, according to his command and directioun, come to the dwelling 
house of me, the said Symone Stewairt, quher I wes in peccable and quyet 
maner for the tyme, lippyning for na harme or injurie of ony personis, 
and thair the said Johne violentlie and perforce enterit within my said 
house and efter mony threatning and minassing speitches utterit be him 
aganis me he in end maist ferslie invaidit and persewit [me] of my lyff 
with ane drawin sword of purpois to have slane me thairwith, lykeas 
he had not faillit to have slane me wes not be the providence of God, 
my awne better defence and help of some nychtbouris thairabout come 
and stayit him. Lykeas upoun the elevint day of the said month of 
Februair the said Sir George directit George Cairnis, his servand, and 
Archibald Mure to my said dwelling house quha, according to his 
directioun, that same nycht the said George come to ane laich sellair of 
my said dwelling house under silence of nycht cloik allane, and I upoun 
accident comeing to my awne stair to sie quhat company wes in the 
said sellair before I past to my bed, haveing nather belt nor knyf about 
me, the said George wes standing in the dure of my said sellair with 
sword and daiger and the said Adam Mure and certane his complices wer 
standing at my foir yet awaiting my out comeing of purpois and 
intentioun to have bereft me of my lyfe, lykeas they had not faillit to 
have bereft me of my lyff wer not I suddenlie eschewit thame up my 
awne stair and eschaiped." They therefore crave summons against these 
persons. 

[On the back] " Apvd Edinburgh, xvj die merisis February, 160^ . 
Fiat ut petitur. (Signed) S. R. Cokburnb." 

17^ February 79. Supplication by Mr Patrick Henrysone, "scribe to the session of 
Supplication ^^® ^^^^ ^^ MussUburght," as follows: — Eobert Dowglas, burgess of 
Senr'^TOn *"*^^ Mussclburgh, Hcw Douglas, his brother, Matthew Wallenge, burgess of 
sessioncierk Mussclburgh, and John Johnstoun in Wester Panes, "haveing con- 
Mu&Heiburgh, s&viD auc deadlic haitrent, rankour and malice agains me without ony 
fromRobert J"^** ^^"^ ^^ offcuce offerrit be me to thame, they daylie and continewaly 



1607. CHARLES I. 277 

Mitsceiifineoas boistis, schoirs, avowis and minasses to have my lyfe, saa that I may not Douglas, 
^"^ in peace and suretie remane within the said toun for discharge of my Muwelburgb, 

service and doing of my uther efifairis for feir of thair persute and *^"** °*^«"- 
invasion, to my havie hurt and skaith and heich contemption of oure 
Boverane lordis auctoritie.'* He craves letters charging them to find 
caution for his safety, within six days. 

[On the back] Apvd Edinburgh^ xvij Fdmiarij, 1607. Fiat ut 
petitur, ilkane of the personis within wreattin under the pane of fyve 
hundrethe pundis. (Signed) P Kollok." 

80. Supplication by James Leslie, fiar of Otterstoun, Patrick Broun, I7th February 
his servant, Eobert Dumbar and David Bennet, servitors to Patrick, J^^ j^^..^ 
Lord Lindores, as follows: — Alexander Kincragie of Haltounhill daily and others 
troubles and oppresses them and their servants and friends, " stoppis 55exander 
and debarris us fra pasturage of our horses and guidis upon the gress ^***^'^®' 
and pasturage properlie pertenis to our maister, and utherwayis schoris 

and avowis to persew and seik us for our bodelie harme." They there- 
fore crave letters charging him to find lawborrows, upon their making 
faith that they dread bodily harm of him. 

[On the back] '* Apiid Edinburgh, xvij die mensis Febrtutrij\ 1607- 
Fiat nt petitur, undir the pane of ane thowsand merkis. (Signed) S. E. 

COKBURNE." 

81. Supplication by William M^Ghie at the Miln of Beidgothenis, as 17th February 
follows: — On the day of last he with Robert Mill, his^j^^ 

" guid sone," going towards the place of Blair " without ony kynd of M^Ghieaffainst 

airmour lippyning for na harme, trouble nor injurie of ony personis, it is ^ » • 

of treuth that Johnne Blair, noter, sumtyme in Cassar, haveing lang of 

before consavit ane deidlie haitrent and malice s^anis me, the said 

William M®Ghie, and thinking that tyme maist meit for him to put his 

said haitrent and malice aganis me to executioun, he maist schamefullie, 

cruellie and unmercifuUie invaidit and persewit me of my lyff with ane 

drawin sword and hurte and woundit me thairwith in my arme, 

to the effusioun of my bluding in grite quantitie, of purpois and inten- 

tioun to have slane me, quhilk he had not faillit to have done wer not 

he wes stayit perforce be my said guid sone." He craves summons 

against him. [On the back] " Apiid Edinburgh^ xvij Februarij, 1607. 

Fiai ut petUur. (Signed) P. Rollok." 

82. Supplication by Walter MKJregor, fireman and porter of his 17th February 
Majesty's kitchen, as follows : — On the day of last " I, being ^^^• 
appointit keipar and watchman of the Erie of Dunbar his ludgeing and McGregor, 
planisching, being thairintill in Nudreis Wynd unto his I^rdschips J^™^° ^^J^^ 
retume unto the same, and lippning for na thing les then ony harme. Majesty's 
injurie or oppressioun to have bene offerrit to me be ony persone, it is against* 

of trewth that betuix xj and xij houris at nycht, I heiring some tumult ^^'^ ^*^' 



278 REGISTER OF THE COUNCIL. X607. 

in the close of the said ludgeing come f urth thairof , quhair finding MisoeiUaeous 
Robert Hoge, servitour to James Galloway, accumpanyeit with tua ^"' 
wemen and inquyring at him quhat he wes deiking thair at sic unlaufull 
tyme, he first utterit many injurious and dispytfuU speiches fi^anis me, 
and thairefter he and the saids tua wemen violentlie tuik and appre- 
hendit me, raschit me to the eard and with ane hammer cruellie and 
unmercifuUie gaff me mony strackis upoun the head, brack and contused 
the same and harne pane thairof in diverse pairtis thairof quhair out of 
thair ar mony bones taken, and quhairof I have continewally sensyne 
lyine bedfast and not lyiklie to convaless and thairby hes lost his [sic] 
haill senses, in curing of the quhilkis woundis I have wairit the haill 
moyane I haid to live upoun." He craves summons against the said 
Robert Hoge. 

[On the back] *^Apiid Edinburgh, xvij February 1607. Fiat ui 
petitur. (Signed) P. RoUok." 

iTthFebraapy 83. Supplication by Doipthy Dumbar, Lady Westfield, spouse to 
Supplication Alexander Dumbar of Westfield, as follows : — The deceased James 
by ^o«>t^ Dumbar, sheriff of Murray, her brother, having died without heirs male 
Wentfieid, of his body, she succeeded to him, and being first married to the deceased 
charainffher Jamcs Dumbar of Tarbert, thereafter the said Alexander Dumbac, now 



ander Dunbiup' ^^ Westfield, " rather for the desyre and conqueist to him alsweiU of my 
of Westfield, saidis landis and liveing quhilk fell to me be my said umquhill brotheris 
appJ^r before deccisc as my lyferent landis fallin to me be decease of the said umqu- 
tfe Council, y^ j^^^ ^f Tarbet, nor upoun that love and dewty that he aucht to 
have hadde to me, maryeit me, and efter he hadde maid my said haill 
landis and leveing proper and particular to him he laborit be all indirect 
meanes continually thir twa yeiris bygane ather privilie to bereafe me 
of my lyffe or to tak sum extraordinar and damnabill course aganes me, 
his lawfuU spous, for my wraick, disgrace and infamie quherby he micht 
be sum cuUour or pretext repudiat me fra his company, I haveing done 
na amiss in any poynt of my dewtye in thocht, word or deid. And, first 
of all, the said Alexander Dumbar in the moneth of December or thairby, 
jmyjc and fy ve yeiris, privilie delt with William Burt, than his servand, 
that he wald tak upoun hand to be the instrument of any cuUour or 
pretext of my repudiatioun, to quhom he offerit the soume of thrie 
hundreth markis with sum uther guid deed gif he wald accompleas his 
unlawfuU desyre be witnesses tyme and in sum suspitious place, quha, 
according to the dewtye of ane honest man, refuising, the said Alexander 
immediatly remuifeit the said William fra his service ; yit the said 
Alexander, schaiking of all fear of God, humane honestye, and forgetting 
altogether that luife and dewtye quherintill he is obligat to me, still 
prosecuteit his unhappy and ungodly resolutioun and first in the 
monethe of or thairby in the yeir of G<xi j°*vj® and yeiris, 

enterris in the lyke indirect develing with James Lyndesay, his awin 
paidge, brother to David Lyndsay at Quarrelhill. First in the dwelling 



1607. CHAELES I. 279 

MisceUaneotis house of Alexander Tulloch in Forres, guidfather to the said schiref, 
***^ takis the said James to the yaird and first simulatlie accusis him of the 

abusing of me his wyfe, and be that forme not prevailing at the handis 
of the said James, he than oppynnis up the mater to him and desyeris 
him than under na less pane than his lyffe to tak upoun him to deflore 
his awin bed, quha at that tyme refuising theref ter tuik the said James 
to the dwelling house of M' Thomas Dumbar of Finzet, Deane of 
Murray, quher he haveing burdingit the said James with the committing 
of that veyle act, he for just fear of his lyffe condiscendit thairto, and 
within the space of aucht dayes thairefter the said Alexander brocht 
back agane the said James to the dwelling house of the said Alexander 
Tulloche and he and the said James being than alane inclosit in the 
said chalmer began to lay and injoyne to the said James the vyle 
and unleasum way he suld abuse me in my bed under clud of night ; 
quhilk being terribill to the said [James] to prosecute, and desyring 
the said Alexander rather to tak his lyffe, he without ony farther drew 
ane quhinger and straick the said James upoun the face, quha, eschewing 
his present furye and retearing him furth of the said house to the 
toune of Forres, the said Alexander fearing that the said James suld 
have fied away and detectit his wicked proceedingis immediatlie he 
derectit the said Alexander Tulloche, his awin guidfader, to follow the 
said James, quha brocht him perforce back agane to the chalmer, and 
thair the said schiref, incisting with him, promeist to him the sowme 
of fyve hundreth merkis, his browne cloick and ane naig, quher for just 
fear and dreadour of his lyffe undertaking the accompleisment of sa 
veyle ane act the said Alexander keipit him the space of twentye dayes 
in strait captivitie within the dwelling house of Thomas Urquhart, quhill 
that upoun the day of the monethe of last bjrpast being 

the hour appoynted betuix the said Alexander and the said James for 
the finising of thair concludit villany aganes me, ane harmeles and 
innocent woman, the said Alexander derectit in haist for the said James 
Lyndesay about midnycht, and cuming altogither with thrie or four 
witnesses to the chalmer dure (the lock quhairof being befoir purpoislie 
tane away be the said Alexander for keiping of his halkis as he pretendit) 
and thair the said James resaveing from the said schireff him selff his 
last derectioun to enter in the bed with me and be ane hoist or chappe 
of his fute or hand to give ane singne quhon he was in the bed with me. 
As the said James come to the bed syde, I being at my rest, I cryit 
immediatlie, and incontinentlie the said Alexander with his hyreit, 
subomeit and corrupt witnesses with candillis in thair handis and ane 
quhinger in the said Alexanderis hand, [came] and thair fand the said 
James in the chalmer, quhom the said Alexander tuik back with him, 
keipit him be the space of thrie or four dayes in his cunqpany, and the haill 
cuntreye knawing perfytelie of his unfamouse proceadings cryit out 
aganes him that he was constraineit to put away the said James 
Lyndesay, to quhom he delyverit sum quantitie or silver, his brown cloick 



280 REGISTER OF THE COUNCIL 1607. 

and his naig, quha sensyne haveing retearit him selff to Angus, the Miscellaneous 
said Alexander, fearing that his unhonest dealing suld be detectit, he hes *^"' 
keipit tryst with the said James and with the said David Lyndesay of 
Quarrelhill, his brother, at Killimure, intysing him to be constant with 
promeis of great rewaird, yit the said James tuicheit in conscience and 
being now frie f ra the power of the said Alexander, hes refuisit his 
unlawf uU desyre ; and seing be this execrabill and inhumane proceiding 
of sa rair and veyle exampill as the lyke is seandill hard of, the said 
Alexander, as gif the samyn wor trew, proceadis aganes me and he and 
his hyreit and suborneit witnesses howping all togither for impunitie 
continews and resolveis to have me alutterly wraickit and defameit, I 
being always maist innocent; and thairfore seing this importis sa 
dangerous exampill the said Alexander and the said James aucht to be 
oonveneit befoir your Lordships and swa tryit and tane ordour with as 
utheris sa evill disposit may eshew the committing of the lyke heiref ter/' 
She therefore craves letters charging them to compear and answer for 
their oflfence. 

[On the back] " Apud JEdiriburghe, dedmo septim/o February anno, etc, 
f^tf septiim. Fiat ut petitur. (Signed) Al. Cancbll*." (Signed also 
at foot " Jo. Young/') 

18th February 84. Supplication by James Chalmer of Gaitgirth, as follows: — John 

James chaimer^^^^^^^^'^8 ^^ Drumrasche, Alexander Glendoning of Partoun, 

of Gaitgirth Glcndouing, his son and apparent heir, Alexander, Robert and William 

^Ddinning of Glendouiugs, brothers german to the said John Glendoning of Drum- 

and^Sera.^' rasche, Jamcs, William and George Glendonings, his father's brothers, 

John Gordoun of Murefad, Alexander Gordoun of Auchland, Robert and 

William Gordouns, brothers to the said John Gordoun, and Simon 

Glendoning, servitor to the said John Glendoning of Drumrasche, " be 

thame selffis, thair men, tennentis and servandis and utheris in thair 

names of thair speciall causing, command, directioun and hounding out, 

maist havelie molestis, troublis and oppressis me, my tennentis and 

servandis, in the peccable possessioun of my proper lands of Park, wode ^ 

thairof and Glonlie, cuttis doun and distroyis the growand trees of the 

said wode, boistis, minasses my servandis and plewman sua that they 

may not peciablie teill nor labour the saidis landis for feir of thair lyffis, 

and committis mony uther pointis of oppressioun upoun me and my 

saidis tennentis [and] servandis, in heich and proud contemptioun, etc.'' 

He therefore craves letters charging them to find caution for his 

• safety, within six days. 

[On the back] *' Apud Edinburgh, xviij Febniarij, 1607. Fiai vJt 
petitur, the saidis Johne Glendoning of Drumrasche, Alexander Glen- 
doning of Partoun,^Johne Gordoun of Murefade, and Alexander Gordoun 
of Auchland, ilkane of thame undir the pane of ane thowsand merkis, 
and ilkane of the rest undir the pane of fyve hundreth merkis. 
(Signed) P^ Rollok. 



1607. CHARLES I. 281 

MtsceUaiMnin 85. Supplication by Sir Thomas Hamiltoan of Monkland, knight, 18th February 
Papers King's Advocate, for his Majesty's interest, and James Chalmer of Gait-xjjg'g^m^^ 

girth, as follows : — Notwithstanding the acts of Parliament and Council 
prohibiting the bearing and wearing of hagbuts and pistolets, yet John 
Glendoning of Drumrasche, " haveing shaikin of that reverence of 

the law and obedience to his Majestic, they daylie and continewalie beiris 
and weiris hagbuttis and pistoUetis upoun thair personis and hes thame 
in thair companyis of set purpois and provision be way of deid, oppin 
and manifest oppressioun and bangastrie, outher to debar and seclude me, 
the said James Chalmer, fra my proper landis and heritage of Park, 
Fintellach and Clonlie or then to have my lyfe ; and for this effect the 
saidis personis, bodin in feir of weir with the saidis unlawfuU and 
forbidden waponis, come upoun the day of to my saidis 

landis of Park and Clonlie. quhair my servandis and plewmen wer, 
gangand at my pleuch in peciable and quiet maner, lippyning for na 
harme, trouble nor injurie to have bene done to thame, and efter mony 
threatning and minassing speitches gevin to my saidis plewmen, schoring 
and avowing with mony horrible and blasphemous aithis to have thair 
lyveis gif they continewit ony forder in labouring or manureing of my 
saidis landis, they maist schamefullie and unhonnestlie strak and dang 
the puir men, hound and chaissit thame fra thair plewis, lowsit the 
pleuch and strak the oxin and horse being within the pleuch, and thair- 
efter came to the dwelling houses of my tennentis and searchit 

and socht thame for thair bodelie harme and slauchter, quherthrow my 
tennentis of the saidis landis ar sua affrayit and terrifeit that they dar 
not remane langer upoun the ground bot wilbe constrayned to leive the 
same and sua to lay my landis waist. Lykeas the said Johne Glendoning 
of Drumrasche, not contenting himselff with the oppressioun of my pure 
tennentis and labourairis of the ground, he hes lykewyse directit ane 
cartale unto me quherin he hes gevin up kyndnes with me, appeallit me 
to the combat and hes avowit to be revengit upoun me and all myne as 
he may find the advantage; and for executioun of his wicked and 
detestable resolutions come upoun the day of be way of 

hamesuckin to myne the said James dwelling house of CouU, quhair I 
wes in peciable and quiet maner, and raid about my said house a lang 
tyme with a bendit pistollet in his hand and a pair of pistolletis about 
him and maid mony provocationis to me to cum furth to the effect he 
mycht have schot me with his pistollet, quhilk he had not faillit to have 
done wer not I gaif plaice to his furie and remanit within my house." 
They therefore crave summons against the said persons. 

[On the back] ** Apud IIdi7ibiirgh,xviij February, 1607. Fiatntpeiitur. 
(Signed) P^ Eollok." 

86. Supplication by William Wod, Tutor of Lambielethame, and lath February 
Alexander Wod of Greinsyd, against William Leirmonth, apparent of i^! „, , 

T>. • . 1 ^x, X 1 . 1 .. ««^ JL , , • William Wood 

Dairsie, and others, as narrated m vol. vu., p. 330. On the back agaiiwt Aiex- 
*'Apud Edinburgh, 18th Febi-uar, 1607. Fiat nt petUur Pr. Eollok." *""*" ^'^' 



282 REGISTER OF THE COUNCIL. 1607. 

18th February 87. Suppllcation by Hew and Thomas M^Connell against (xeorge, MtKeUmneons 

^^'^^^ Earl of Dunbar, Treasurer, and Sir Thomas Hamilton of Monkland, his ^^"" 

ThomM Majesty's Advocate, as narrated in vol. viL, p. 336. On the back, 

AgaiMtOeoi^, *' -4?^ Sdivburgh, xviij Febrv/irij, 1607. Fiat summonitio ut petitur, 

DSJlw.ana to the tuelfe day of March nixtocome and to suspend dischearge and 

Sir i^omas relax tU vnfra quhill the last day of the same moneth, becaus the Lordis 

hes sene the letters of consent within writtin and assignation within 

specifeit and als hes fond cautioun for thair compeirance ather of the 

complineris within writtin under the pane of iij^ mercis. S. R. CoK- 

BURNB." 

19th February 88. SuppUcation by James Lindsay of Dowhill and Andrew Wardlaw 
James lindsay ^^ Torrie, against Sir James Scot of Balweirie, as narrated in voL viL, 
*J^^udrew p, 326. On the back, ''Apod Edinburgh, xix Februarii. Fiat id 

Against Sir peOtur, P. EOLLOK." 
James Soot. 

19th February 89. Supplication by Alexander, Lord Elphinstoun, against Bobert 
i^Hphin. Buquhannan of Spittell, and others, as narrated in vol. viL, p. 334. 
stone against On the back, " Apud Edinburgh, xix Febnuirii, 1607. Fiat ut petitur. 

fiSSSLin. P'. ROLLOK." 

ift07 *'®^™*'^ ^®- Supplication by Alexander Home, lawful son of the deceased 
Supplication ^^^^^ Home of Quhytfeild, as follows: — He was in Dunbar on 10th 
^Alexander February instant in quiet and peaceable manner, not expecting any 
the deceased harm, when John Boge, lawful son of Eobert Boge of Lochend, James 
o^w^itofieid ^^^ Abraham Boigis, brothers of the said Bobert, " upoun a deadlie 
for summons malicc and haitrent consavit be thame aganis me, come under clud and 

against John ^ 

Boge and silencc of nycht to me within the said burgh upon the calsey of the 
assart. ^^ same, and with drawin swordis, bandit staffes, cruelly and unmercifullie 
invaidit and persewit me of my lyfe, hurt and woundit me in the 
syd, and in diverse utheris pairtis of my body, to the effusioun of my 
blood in great quantitie and hasard and perrell of my lyfe ; lyikas they 
haid not failit to have then slane me of sett purpois, provisioun and 
forethocht fellony, wer not be the providence of Gfod and my awin 
better defence I wes f red and relievit." He craves summons against 
them. 

[On the back] "Apud Edinburgh, xix February, 1670. Fiat utpetitur. 
(Signed) P. Bollok." 

19th February 91. Supplication by John Forbes, sheriff officer of Inverness, as* 
lication '^^^^^® • — ^^ ^^ employed by John Campbell of Briauch in executing 



b)r John a precept obtained by him before the Sheriff of Inverness against John 
officeTof ^ Grant, burgess of Bosmerky, for not making payment of some debts, by 
summo^ ^^^ virtue whereof, upon the 20 th January last, the supplicant went to the 
affainst Mnrdo town and lands of Balmungie, where the said John Grant remained for 
others for the time, and apprehended seventeen head of ky and oxen belonging to 



1607. CHARLES I. 283 

MiwellaQMMu the Said John, ''and being bringing the same to the mercat croce of assault while 
Papers. lunemcss of purpois to have comprisit the same conf onne to the ordour, SSiiharge of 

lyppyning for na hanne, trouble nor injurie of ony peraonis, it is of ^*»<>ffice- 
trewth that Murdo M^Kenzie, Johnne M*^Kenzie of the Ord, servitouris 
to Kenneth M^Kenzie of Kintaill, Johne Grant, burges of Koismerky, 
of the speciall causing, command, directioun and hounding 
out of Kenneath M^Kenzie of Kintaill, being all bodin in feir of weir 
with swordis, langstaulffis and utheris wapponis invasive, followit me 
and, haveing overtane me, they not onlie violentlie and perforce reft 
and away tuke the said guidis fra me bot lykewyse maist schamefuUie, 
cruellie and unmercifuUie invaidit and persewit me of my lyff with 
drawin swordis and hurte and woundit me thairwith, and with lang 
staulffis and bottis in diverse pairtis of my body, and left me lyand 
upoun the ground for deid." He craves ^mmons against them. 

[On the back] " Aptui Edinburgh^ xix February, 1607. Fiat ut petitur 
(Signed) Pxtkr Kollok." 

92. Supplication by James Young, chirurgeon, burgess of Dumfries, i9tii February 
Patrick Young, chirurgeon, and John Young, notary, his sons, Helen ^*^- 
Newall, spouse to the said Patrick, Michael Newlands, glover, burgess bv^umes ^ 
of Dumfries, son-in-law to the said James, William Muikie, notary in ^J^JoL 
Mynn^ofife, William Maxwel, oye to the deceased Harbert Maxwel atburgeraof 
Port, complaining against John Newall, maltman, burgess of Dumfries, othenfor *" 
NicoU Newall, messenger, James Newall, son of the deceased James {jJ^JI^ws^from 
Newall, sometime bailie of Dumfries, John Annan there, and Martin JamesNewaii 
Newall, son of the said Nicol, and Patrick Newall, tailor, as follows: — who have 
" Amangis the rest of the honest famileis of the burgh of Dumfreis, I>]WM^M*tS^^^ 
the said Patrik, and my said spowes, haveing twa yeir syne or thairby, be "^pp^***"**- 
the derectioun and ordinance of M' Thomas Bamsy, minister of Drum- 
freis, and Johne Corsane, bailze of the said burgh, and the elderis and 
deakones of the kirk and sessioun thairof, biggit and erectit ane dask 
ewest the pulpet abone the buriell and graffe of umquhill Airchibald 
Newall, notar burges in Dumfreis, father to me, the said Helene, upoun 
our awin expenses ; lykeas we at the tyme foirsaid enterrit and placeit 
our selffis within the said dask and hes continewally sensyne sittin and 
hard the Word and disciplene thairintill untrublit or interruptit be ony 
persone or persones quhill now of lait that the said James Newall be 
the intysement, concurrence, directioun and bunding out of the foirsaidis 
persones, upoun the day of being Sonday, shaiking of all 

feir of Gk)d, humane bonestie and the reverence he suld have caryit at 
that tyme and place, come to the said paroche kirk of Drumfreis quhair 
I, the said Patrik, wes sittand in my awin dask disposing myselff only 
for heiring of the holy Word, and in respect of the tyme and place 
lyppynnyng for na evill, the said James first boastit and schore me and 
then drew his quhinger, offerrit to streak me thairwith gif I wald not 
displace myselff that he micht sitt downe in my dask and did quhat 



284 REGISTER OF THE COUNCIL. 1607. 

in him lay to have hairmeit me war nocht I wald nocht suffer him hot Miscellaneous 
resistit his rashe and humerous dispositioun, thinking by his inordinat ^"^ 
forme of bangistrie to appropriat the said dask to himselff ; and sicklyke 
boastis, schores and menasses us and avowis to have our lyffs, trublis 
and molestis us in the peaceabill possessioun of our landis, rowmes and 
possessiones, giveand thairby evill exampill to utheris evill disposit 
persones to attempt the lyke heirefter." They crave letters charging 
the said persons to find lawborrows, as they fear bodily harm of them. 

[On the back] ** Apud Edivhurgh, xix February, 1607. FUU lUpetitur, 
Nicoll Newaill, Johnne Newaill and James Newaill, ilkane of thame 
under the pane of ane thousand markis, and ilkane of the remanent 
persounes within complenit upoun under the pane of fyve hundrethe 
merkis. (Signed) S. R. Cokburnb." [Also signed at foot] "Jo. 
Young." 

idthFobniary 93. Supplication by Sir Thomas Hamiltoun of Monkland, knycht, 

Sup lication ^^^g'^ Advocate, as follows : — His Majesty having considered the petition 

by Sir Tbomaa presented from the General Assembly of the Kirk held at Linlithgow in 

Lord Advocate, December last anent the warding of certain noblemen " gevin up to his 

Mannds of h^ynes as avowed professit papistes, his heynes hes declairit his will and 

Huntiy bo pleasour anent the forme and maner of proceding aganis thame quhairin 

trial of his his hcynes hes ordanit that thai salbe conveyned befoir your Lord- 

w »g»on. ships and thair behaviour in repairing to the kirk, participatioun of the 

communioun, and in the governament of thair houshald and familie 

examined and, accordinglie as salbe foundin and tryat aganis thame, to 

confyne thame, as in the declaration of his Majesteis will at lenth is 

conteyint ; and trew it is, as I am informit, that George, Marques of 

Huntley, nawayes repairis to the kirk and heiring of the sermone, 

abstenis frome the communioun, and in the government of his houshald 

and familie professes and utteris himselff to be ane direct adversair and 

nocht Weill resolved in the treuth, and thairby gevis very just occasioun 

of scandall to the kirk, for the whilk he aucht to be confynnit and 

wardit in maner specified in his Majesteis will retumit heiranent." 

He craves therefore that the said Marquis may be charged to appear on 

19th March next, and underlie his trial, and if he is found guilty, to be 

confined and warded ; and also that the Bishops of Aberdeen and Moray, 

the moderator of the presbytery of and minister at the 

kirk of may be charged to appear as witnesses ; " and to the 

effect the said Marques sail nocht pretend ane excuse of his absence 

and nocht compeirance upoun pretext of ony proces intentit aganis him 

be the Synodis of Abirdene and Murray for his not communicating; 

that I may haif letters direct to command, charge and inhibite the 

ministeris of the saidis Synodis of Abirdeyne and Murray that they on 

nawise proceid to excommunicatioun agains the said Marques for his 

refusall to communicat bot that they desist and ceise theirfra, and 

suffer the course and ordour appoyntit and prescryvit be his Majesty to 



1607. GHABLES I. 285 

MiseeiUneoui be prosequuted and foUowit oate trains the said Marques, as they will 
apers. answcF to his Majestie and your Lordships upoun thair obedyence." 

(Signed) " S. Th. Hamilton." 

[On the back] " Apud EdxTthurgh, xix February, 1607. Fiat ut 
petitur, (Signed) S. R. Cokburnb." 

94. Supplicatioun by William Carmichell, natural son of Archibald 20th February 
Carmichell of Edrem, against Henry Sinclair of Quhitekirk, as narrated jj 'jjcation 
in vol. vii, p. 325. On the back, **Apiid Fdiniurgh, xx Februarii,hywimam 

anno 1607. Fiat tU petitur. PbTBB EoLLOK." againitH^nry 

Sinclair. 

95. Supplication by David Dick in Bursk, Robert and Alexander 20th Fobmary 
Dicks, his sons, as follows : — John Watsone in Broichmond mylne, ^^^* . 
having conceaved a hatred against them daily threatens and avows tOby%tvid'^'^ 
have their lives, " lyikas he will not faill to tak some unhonnest ^^^^JJ[^ jJJ^^ 
advantage of us quhen occasioun sail oflfer, quhairthrow we may not Watson in 

-j;, 1 ... HI.. 1. in 11 mi Broichmond 

peaceablie hant and repair m the countrey for feir of our lyfe. They find caution 
crave letters charging the said John Watson to find caution for their [^diiSinity. 
indemnity. 

[On the back] ''Aptid Edinburgh, xx Februarij, 1607. Fiat ut petitur, 
under the pane of v« lib. (Signed) P. Eollok." 

96. Supplication by Alexander Forbes of Towy as follows: — 20tb Febnuu^ 
Alexander Fyflf alias Mylne, " haveing committit diverse crymes and ]^' 
offences, for the quhilkis he wes arrestit to my court of the barony of by Alexander 
Towy to have abiddin tryall for the same, he fand Duncane Thomsone ToJdTfor 

of the Milnetoun of Toweis and William Fyff in Nather Toweis»"»»™o°?, 

_ . ... , ,.,,... , against Alex- 

cautioneris and souerteis, conjunctlie and severlie, for his intne to the ander Fyfc and 

said court under the pane of fourty punds, quhairupoun the saidis hS?defi^d 

cautioneris, being chairgit to have enterit the said Alexander to ^^y ^f, 'g^lfiron 

court quhilk wes haldin on that pairt of my barony of Toweis, callit court 

Corriecron, upoun the fyift day of July, 1605 yeiris, the said Alexander, 

accompaneit with John Gairdin, his bruther in law, with utheris his 

complices, boddin in feir of weare, with swordis, plaitsleiwis, secreitis, 

gantaleittis, and utheris waponis invasive, come in a very biaging maner 

neir hand the place quhair my said court wes haldin and disdaining to 

enter to my court, albeit he hard and knew that his cautioneris wer 

callit and unlawit for his not entrie, I and my bailleis send to him and 

desyrit him to compeir and answer in my court, quhilk he not onlie 

maist disdainfullie and proudlie refuisit to do bot with that he and his 

said good bruther and the rest of thair complices, quha wer brocht with 

thame of purpois to mak a brage and to truble my court, drew thair 

swords and cruellie and ferselie invadit and persewit my bailie officeris 

and memberis of court quha wer sittand in judgment for thair bodely 

harme and slauchter, compellit thame to raise the court and to forbeare 

all forder proceiding that day, quhairby, as they conunittit a very great 



286 



REGISTEK OP THE COUNCIL. 



1607. 



ryott and insolence aganis me, so they have committit a most heycht M tMeiianaouH 
attempt and indignitie aganis oare soverane lord in troubling and reasing ^"* 
of ane court lauchfullie fensit in his Majesteis name for doing of justice 
to his heynes [subjects]/' He therefore craves summons against them. 
[On the back] " Apvd Edinburgh^ xx Febntarij, 1607. Fiat utpetUur. 
(Signed) P'. Eollok" 



20th FebrUAry 
1(J07. 

SupplicAtion 
bv UATid 
Young in 
Dalgarnock 
Gate and 
others for 
letters of 
caution for 
their indem- 
nity from 
John Hiddel. 
stoun of 
Templeland, 
and others. 



97. Supplication by David Young in Dalgarnock gait, William 
Young, his eldest son, Thomas Bell in Schealegreane, William and 
Walter Bell, his sons, John Hairstanes in Know, Alexander Amuligane 
in Holme, John Tait in Kirkland, James Ker there, James Young, 
chirurgeon, burgess of Dumfries, Patrick Young, his son, James Young, 
maltman, burgess of Dumfries, John Young in Connyngholme, John 
and James Young, his sons, complaining i^ainst John Hyedilstoun of 
Templeland mylne, John Hiddilstoun, his eldest son, John Davidsone in 
Thomehill, Peter Davidsone, his brother in Holme, William Bid, 
brother-in-law to the said John Hiddilston, John Dowgane, sister son 
to the said John, John Fischer, son-in-law to the said John Hiddilston, 
William Hiddilstoun in Buy, John Hiddilstoun, miller at the Water of 
Milk, William Andersone, Hiddilstoun in Aleisland, Harbert 

Huntar in Thomehill, Edward Kirkpatrick of DreBselland, John Kirk- 
patrick of Auchincairne, George and Thomas Kirkpatrick, his brothers, 
Henry Horner of Campbell, Roger Kirkpatrick of liig, Gilbert Greir of 
Auchingibbert and James Greir of Ranturk, his brother, William Max- 
wel, apparent of Tynwald, and Harbert Maxuel of Bruntscarthe, his 
brother, as follows : — The persons complained upon, " haveing laitlie 
conceaved ane deidlie haitrent and rancour aganes us, for quhat cans 
we knaw nocht, daylie and continually boistis, shores and menasses us, 
and avowis to haive our lyffes and lyis continually at avaitt for the 
samyn swa that we dar not for fear thereof haunt nor repair publictlie 
within that pairt of the cuntrey quher we dwell for doing of our leasum 
effairis and bissines, and sicklyke trublis, molestis and oppresses us in the 
peaceabill possessioun of our landis, rowmes and possessiones and 
debarris us of the peaceabill possession thairof, and committis dyverss 
utheris poyntis of oppression." They crave letters charging them to 
find caution for their safety, as they dread bodily harm of them. 

[On the back] " Aptcd Edinburgh, vigesimo die mensis Februarij, 1607. 
Fiat vi petitur, William Maxvell, appeirand of Tinvell, under the pane 
of ane thousand pundis, Harbert Maxvell of Bruntskarthe, Edward 
Kirkpatrick of Dreselland, Johne Hiddilstone of Templandmylne, Soger 
Kirkpatrick of Rig, Gilbert Greir of Auchintibbert, Henry Horner of 
Campbell, James Gmr of Barturk, and Johne Kirkpatrick of Auchin- 
cairne, ilkane of thame under the pane of ane thousand merkis, and 
ilkane of the remanent personis within complenit upoun under the pane 
of fyve hundrethe merkis. (Signed) S. R. Cokbubne." 

[Also signed at foot] " Jo. Young." 



1607. CHARLES L 287 

Mieeellaneoiit 98. SuppUcation hj GeOIge Oliphant of BachiltOUn, as follows: He23rdFebniar7 

^P*"* possesses heretably the lands of Bachiltoun and Drumdevane, mill of g^^' 

Bachiltoun, mill lands and dams of the same, according to his infef t- by OBorge 
ments, and has not been molested therein, " the quhilk mylne hes bene BJ^o^toun'for 
very proflBtable unto me thir mony yearis bigane and I nevir troublit *"^^^^.^ 
nor molestit thairin be ony persone quhill of lait Sir George Dowglas Geonre 
of Kirknes, knycht, upoun a malice consavit be him aganis me, without Kiriuies and 
ony just caus of offence offerit be me to him, intendis be way of deid J^^^^^^f^^^^ 
and violence to debar me f ra the possessioun of my saidis landis and to bim. 
mak the said mylne altogather unproffitable unto me. And for this effect, 
upoun the day of Februar instant, he, accompanyit with Bobert 
Dowglas of Caveris, James Faimy, younger of that Ilk, William Dow- 
glas, appeirand of Auchrieoch, James Graufurd in Glaslocheis, Johne 
and James Dowglas and Mathew Colwill, servitouris to the Erie of 
Mortoun, James Schaw, brother to Schaw of Lathangyie, 

with convocatioun of cure soverane lordis [liegis], to the nomber of 
thriescoir personis, all boddin in feir of weare, with lances, halbertis, 
dowis, darlochis, durkis, swordis, secretis and uthairis vaponis invasive, 
come in hostile and wairlyik maner to the ground of my saidis landis 
of Bachiltoun and Drumdevane and to the mylne dame of the same 
mylne of Bachiltoun and violentlie and perforce dimolischit and cast 
downe the dyik and wall of the said dame to the ground, haldis tHe 
same down and onawise will suffer and permitt me to big the same 
agane, nather dar I edifie the same for feir of thair invasion. He 
craves summons against them. 

[On the back] " Apud Edinburgh, xxiij February, 1607. McU ut 
petitur. (Signed) Pbter Eollok." 

99. Supplication by Bobert Borthwick in' Leith and William 24th February 
Borthwick, writer in Edinburgh, as follows: — The said Kobert, having ^^^Y 
obtained decreet against Andrew Borthuik, burgess of Edinburgh, for by Robert 
payment of a certain sum, and having employed the said William L^iJJ][[i^J^ "* 
Borthuik " as a freind for raising of letters and chairges thairupoun b^J^j^j^ 
aganis the said Andro, quhairupoun he, consaving ane malice aganis me writer in* ' 
and the said William, upoun the xxiij of this instant come to me, the for^summoDs 
said William, upoun the hie streit of Edinburgh, first upbradit me with^g*^^^ 
many injurious and contumelious speiches, schoiring and avowing to Borthwick, 
have my lyfe incaice I assistit or gafe counsell to the said Bobert Edmb^irgh, for 
Borthuick in that mater and than schamfuUie and unhonnestlie with his*^"^** 
neifes strak and dang me, the said William, upoun the face to the 
effusioun of my blood in great quantitie." They crave a summons 

against him. [On the hack] " Ajmd JEdinburffh, xodiij Februar, 1607. 
Fiat ut petitur. (Signed) Pkter Eollok." 

100. Supplication by Barbara Cranstoun, widow of Bobert Tait in 24th February 
Composlak, Margaret Tait, his daughter, and the other daughters and \^* 



288 REGISTER OF THE COUNCIL. 1607 

Snppiioation kinsfolk of the said Robert, against Stevin Scot in the Stow, as narrated Mtfloeiijineoi» 
Cranston'* in vol. vii., p. 343. On the back, '' Apvd EdirJburgh, txiiij Februarij,^^^^ 
s?ott ^ ^^^^° 1607. Fiat ut petitur. Pktbr Rollok," 

24th February 101. Supplication by Sir Robert Crichtoun of Cluny, knight, Sir David 
Supplication Bering of Lethintie, knight, and James Scrymgeour of Fordall against 
by Sir Robert Patrick Eviot of Kirktoun of Maler, as narrated in vol. vii., p. 394. 
against Patrick On the back, ** Apud Edinburgh^ xxiiij Febniar, 1607. FiaJt ut petitur, 
E^i°*- Peter Rollok." 

25th Febrnary 102. SuppUcation by David Kennedy of Balmaclennoquhen against 
Su lication ^®^ Kennedy of Penquhiry, Margaret Dalrumple, widow of David 
bjr David Kennedy of Ardlessane, and Anna, Jean and Isobel Kennedy, her 
against &ew daughters, as narrated in vol. vii., p. 415. He craves they be charged 
^hen."*^ ""^^ ^^ compear. On the back, " Apud Fdinburgh.xxv February, 1607. Fiat 
vt petitur. Peter Rollok." 

25th February 103. Sapplication by the same in the same matter, craving that the 
^^'- persons complained against may be apprehended. On the back, " Apud 

by the same Ediftincrgh, XXV die mensis February', 1607. Fiat ut petitur, Peter 

in the same "Urkj t ntr '' 
matter. XiOLLOK. 

26th February 104. SuppHcation by Edward Maxwel of He, John Maxwel, his 
„ \. ^. natural son, John Maxwel at Bankend, William and John Maxwell, his 

Supplication 

bv Edward SOUS, Edward Patersone, David Hesloppe, Nicol Edyar, eldest lawful son 

ftnTotboM for 0^ John Edyar of Tarmuck, Patrick Young, Richard Patersoun, and John 

from^Mr '^^ Mackcounc, tenants to the said John in the lands of Bankend, against 

David Roger, Clemmct Edyar of Kirkblane, Thomas and John Edyars, his sons, John 

alleged ricar of Edyar of Lauds, Robert Edyar of Blaikschaw, Mr David Roger, minister, 

and othew.^* alleged vicar of Carlaverok,Harbert Baty, burgess of Dumfries, and William 

and John Edyars, sons of John Edyar of Tarmuck, as follows : — The said 

Mr David, alleging himself to be provided as vicar of the parish of 

Carlaverok " be the intysement, concurrence, directioun and bunding out 

of the foirsaids persones withowt ony richt or possessioun, intends at his 

awin hand to enter and intruse himselff by all ordour of law in myne the 

said Edwardis landis, callit the kirkland of Carlaverok, with the teynd 

shaves and uther small teynds of the said parochyn of Carlaverok, byres, 

bowses and yairds of the samyn, hauldin be me, the said Edward, in few 

and heretage of our soverane lord and, quhereof I, according to my 

undowtit rycht, hes bene in peaceabill possessioune thir many yeiris 

bygane and thairthrow intendis to trubill and molest me and my saids 

tennents and servands thairintill." They therefore desire letters 

charging the said persons to find lawborrows for the complainers' safety. 

[On the back] "Apud Edinburgh, xxv Fehruarij, 1607. Fiat ui petitur, 

Clemmet Edyar of Kirkblane, Robert Edyar of Blaikschaw, and Johne 

. Edyar of Lands, ilk ane of thame under the pane of ane thowsand 



1607. CHAKLES I. 289 

Miaceiianeons merkis, M^ David Kc^er fyve hundreth pundis, and ilk ane of the rest 
P^P®"- fyye hundreth merkis. (Signed) Lothianb." [Also signed at the foot] 

" Jo. Young." 



105. Supplication by William, Earl of Morton, as follows: — He has 25th Pehruary 

ilicatioQ 



heretably pertaining to him the lands of Laith and the tower and ' 



•' * ® Siipplicatioi 

fortalice thereof, conform to his infef tments, by virtue whereof he him- by wiiiiam, 
self and the deceased Dowglas, his tenant, during her lifetime Morton, for 

and immediately after her decease Dowglas, his servant, have J***j",J^^"^' 

peaceably possessed the same without impediment, until on last, J^o^ffias and 

in his absence from the country, John Dowglas, called Eckeis John, rend"r tho 
accompanied with several persons, " boddin in feir of weir, with swordis,5^Xch'^y*^ 
lances, secretis, plait sleavis and uthairis vaponis invasive, of the speciall ^*^« t^^®° 
causing, comand, hounding out, assistance and ratihabition of Sir James possession. 
Dowglas of Drumlanrige, knycht, come to my saidis landis of Laith and 
fortalice thairof, quhair the said Dowglas, my servand, wes in 

quyat and peaceable maner, efter mony minassing and injurious speiches 
utherit be thame aganes my said servand, violentlie and perforce tuik 
and apprehendit him and masterfuUie reft frome him the keyis of the 
irne yett of my said hous and haill remaneing keyis of the same, enterit 
thairintill, and maid thame selfes maisteris of my said hous and landis, 
keipis and haldis the same as yit as yf it wer thair awin propper hous 
and landis, quhairby, as thay haiff usurpit his Majesteis princelie power 
and auctoritie in taking of his frie liege and my said hous with[out] com- 
mission to that effect, sua withall thay haiff committit a very great 
insolence upoun [me] and my said servandis." He craves letters for 
charging them to render the house and keys again or allege a reason- 
able cause for refusing to do so. [On the back] " Apud Edinburgh, axcv 
February, 1607. Fiat ut petitur, etc. (Signed) Pbtek Rollok," 

106. Supplication by Thomas Mackclelland, notary, Geoi^ge Mack- 26^ February 
gairmorie, his tenant, John Moresoun of Culloche, James Moresoun, hisg 'jj^^^j^ 



brother, John Moresone, servant to the said John, Robert Browne and bv Thomas 
John Thomsone, also his servitors, Adam Cultellar of Bidrin, Robert noUrVnnd 
Rerik and John Ramsy, his servitors, and John Tait there, against {Ijjj^^rows 
Thomas Mure, burgess of Kirkcudbright, John Mure, his brother, («>™ Thomas 

/-v 1 I'll i»r'ii» ti 11 • ▼»•. 1 _ Muro, burgess 

Andrew Quhyteheid there, William lullertoun, burgess of Kirkcud- of Kirkcud- 
bright, Michael Mackclelland, called of the Kill, Harbert Mackclelland, o^^^I: ^"^ 
his son, William Mackclelland of Natherthrid, Fergus Fowler " at the 
samyn mylne," Fergus Fowler, his son, James Fowler there, John 
Fowler, his son, William Gordoun at the mill of Keltoun, John Ewart, 
elder, burgess of Kirkcudbright, William Ewart, his brother, John 
Browne in Auchinguile, John Mackcom in Lochdowgane, Ninian Mack- 
culzeane in Keltoun, William Mackculzeane, his brother, John Mack- 
culzean there, John Fowler in Kirkland of Keltoun, George Herroun 
in Carlingwork, George Macknyer (?) there, John MackmoUen in Kel- 
voL. vm. T 



290 REGISTER OF THE COUNCIL. 1607. 

toun hill, John Mackcurtnay, called the Laird, there, Gteoi^e Mure and Miacetianeoui 

Adam Mure and Alexander Mure, " his oye," John Macknyer in Spottis, *p®'*- 

Thomas Macknyer, his brother, James Mackclelland in Lonwye, John 

Mackclelland there, Thomas Mackcitrick there, John Mackclelland of 

Overlaw, Patrick Clune there, Thomas Bredye in Galtway, RoUand 

Wolsone there, James Thomsone in Gribtie, John Hendersone there, 

John Browne in Auchingule, John Gilmure in Newlaw, Patrick 

there, William Deanes there, John Clune there, John Claspie there, as 

follows: — The foresaid persons and their accomplices "daylie boastis, 

shores and menasses the saidis compleneris and avowes to have thair 

lyffis, and sicklyke trublis and molestis thame in the peaceabill posses-^ 

sioun of thair landis, rowmes and possessiones, and specially the said 

Thomas in his aikeris of land of Carlingwork and aikeris of land in 

Kirkcudbright, eattes and destroyes thair growand cornes and garse with 

thair bestiall and guidis and committis utheris dyverss poyntis of 

oppressioun upon thame." They crave letters charging the said persons 

to find lawborrows for the indemnity of the complainers. [On the 

back] '' Apud Edinburgh, xxv FAruarij, 1607. Fiat ut petitur, William 

Mackclelland of Natherthrid, John Mackclelland of Overlaw, and 

John Mackmyn in Spottis, ather of thame under the pane of fyve 

hundrethe pundis and ilk ane of the remanent persones under the pane 

of fywe hundreth markis. (Signed) Lothianb." [Also signed at the 

foot] " Jo. Young." 

26th February 107. Supplication by Mark Dunbar of Durris, as follows : — He has 

Supplication P^^^^aining to him a salmon fishing on the water of Findorne, but it is most 

by Mark heavily molested and oppressed by Thomas Urquhart of Burdisyairdis, 

Durria for provost of Forres, Eobert TuUoch of Tannacheis, Alexander TuUoch, his 

ingThoma? ^^^ ^^^ apparent heir, Nicolas Dumbar of Boigis, James Dumbar, his 

Urquhart of gon, Jamcs Urquhart, burgess of Forres, William Carrach in Greischip, 

and others to William Blair in Forres, John Dumbar, burgess there, Francis Forbes, 

for the ^^^^^ burgess, Charles Eeid, burgess there, Alexander Nicolsoun, merchant 

Saffoir'^^^ burgess there, Eobert Winster there, and James Barclay there, ** quha be 

fishings. thamesclffis and thair servandis in thair names daylie fishes my said 

fisheing and in effect hes maid the same unproffi table to me, to my havie 

hurte and skaith." He therefore craves letters charging them to find 

caution for his and his servants' indemnity. [On the back] " Apud 

Edinburgh, xxvi February', 1607. Fiat ut petitur, the provest of 

Forres, Tannacheis, his sone and apperand air, Bogis and his sone and 

apperand air, ilkane off thame j™ merkis, and ilk ane of the rest v^ 

merkis. (Signed) Petbr Eollok." 

26th February 108. Supplication by John Ogilbie, parson of Cruden, as follows:—^ 
plication ^® ^^ charged to pay for his parsonage his part of the taxation granted 



by John to his Majesty's marriage of £100,000, and of the like taxation granted 
of Cruden, for*^ to the PHuce's baptism, and the taxation of 200,000 merks, whereof 



1607. CHARLES I. 291 

MiaccUaiiaoas Mark, Earl of Lothian, was collector, and 100,000 merks, whereof letter* charg- 
'*^^"' Lodovick, Duke of Lennox, and John, Earl of Mar, were collectors, and to^make^^y^ 

has accordingly made payment thereof ; but the feuars, tacksmen and proTO?tionate 
pensioners of his said parsonage will not relieve him for his debursements, taxation, 
although the acts of Parliament regarding these taxations ordain this to 
be done. He therefore craves letters charging them to make payment 
of their proportionate taxation for his relief. [On the back] '• Aptcd 
Edinburgh, ocxvj Februarij, 1607. Fiat ut petitur, (Signed) Peter 

EOLLOK." 

109. Supplication by David Brownlie, smith in Newbigging, as 26th February 
follows : — On 21st February instant he, being in the burgh of Kirkcaldy ^^^^Y . 

in the company and house of Eobert Kedy, smith there, "doing my by David* 
laufuU effairis and in quhais stable I haid stablit ane broun ^^'^in^e^. 
naige of myne, lippning for na thing les than ony injurie,^'8^P"Kifor 
harme or oppressioun to have bene offerrit to me within the said burght,ag5uii8tLaur- 
it is of treuth that Laurence Sinclare in , Patrick Weymis, an^othere for 

younger, in Dysart, accompaneit with fywe or sex personis, thair '^***^^^- 
complices, boddin in feir of wear with swordis, secretis, gantaletis and 
utheris vaponis invasive, come under elude and silence of nycht about 
aucht houiis at ewin to the said stable, enterit within the samen and 
wiolentlie and perforce reft and away tuik with thame my said horse. 
Quhairupoun I followit thame for recoverie of my said horse, and maist 
soberlie entreatit thame to delyver me my said horse, the said Laurence 
beand rydand on my said horse, and the said Patrick and thair saidis 
complices gangand besyd thame, efter mony minassing and threttning 
speiches utterit be thame aganis me, first wiolentlie patt handis in me 
and reft fra me my sword, and than entering in a dispute among thame 
selffes gif thay sould sla me or not, and in end the maist pairt concluding 
to bereffe me of my lyfe maist ferslie sett upoun me, and with drawin 
swerdis cruellie and unmercifullie invadit and persewit me of my lyfe, 
lyikas they haid not failit to have than slene me of sett purpois, provision 
and foirthocht fellony wer not be the providence of God and the help of 
some good nychtbouris I wes fred and releiwit." He therefore craves 
summons against them. [On the back] " Apivd Fdiniurght ocxvj 
Februarij, 1607. Fiat ut petitur. (Signed) Peter Eollok." 

110. Supplication by Patrick M^Ewne, Andrew M^Alester, Duncan 26th February 
M^Qlassen and Steven M^Eane Moir, all in Dunfallidis, and others, ^^- 
against Sir James Stewart of Ballachan, as narrated in vol. vii., p. SSS.by^PtttricJT" 
On the back, '' Apvd Fdiriburgh, xxvj die mensisFebruarij, 1607. ^''^ft^^l^^^t 
summonitio ut petitur to the xvj day of April nixtocome, and to suspend sir Jame« 
and discharge ut infra whill the last day of the samen moneth ; becaus Baiiacban. 
thir complenaris hes found cautioun to the efifect within writtin ; every 

ane of thame under the pane of j^ merkis, as ane act maid thairupoun 
beiris. Pei^eu Eollok." 



292 REGISTEE OF THE COUNCIL 1607. 

26th February 111. Supplication by James Melvill of Daysart and Bichard Melvill, Minoeiianeoiis 
q r f ^^ ®^"* against James Vaterstoun, fiar of that ilk, as narrated in vol. *^"' 
bv James vii., p. 363. On the back, " Apud Ediitburgh, xxvj Fehruar, 1607. 

SnilTjames ^^ ^ P^i^^^, PbTBR KoLLOK." 
Waterston of 
that Ilk. 

26th February 112. Suppplication by Sir 'Ihomas Hamiltoun of Monklaud, knight, 
1607. King's Advocate, as follows : — His Majesty has granted a commission to 

bv^V Thomaa Certain barons and gentlemen in Nithsdaleand Annanderdale "for surveying 
Khlg*8^"' of ane parte of the landis sometyme callit debetable," according whereunto 
Advocate, for the Commissioners went on to the said lands to make survey, "and 

Bummous , i.,i iti .,. 

against certain lippynmg for no thmg Icss then ony trouble, harme or impediment to 

SeSTtobie ^ * ^^^^ ^^^^ ^^^^d to thamc bot that a reverent and deutifull obedyence 

rMUtin^'^the ^^^^^ \iB,wQ bene givin to the executioun of his Majesteis princelie direc- 

king'a commia- tioun, notwithstanding it is of treuth that the personis following, thay 

siouers. ^^^ ^^ ^^^ ^ preferring thair bigane unhappie trade and forme of 

leving in stouth reifif and maisterfuU oppressioun to that civile and 

modest forme quhilk his Majestie intendis to establishe in the said 

boundis, and being laith that ony peaceable and ansuerable subjectis 

sould haif place or residence amangis thame, they convocat and assemblit 

thame selffis togidder in armes, come to the said landis and be way of 

deid opponit thame selffis to the executioun of the said commissioun, sua 

that the commissioneris were constrainit to departe and gif place to 

thair insolence." He craves summons against the offenders to appear 

and underly trial and punishment (Signed) " S. Th. Hamilton." [On 

the back] ^' Apvd Edivburgh, xxvj Februarijy 1607. Fiat iU petitur. 

(Signed) Peter Eollok." 

26thFebniary 113. Supplication by James Maxwell and Robert Douglas, servitors 
Pu licati ^^ ^^® Majesty, as follows : — The King disponed to them the lands, 
by Jaiues formerly called " debetable landis," to enable them to continue in his 
Roibwt *° Majesty's service, and granted a commission to some barons and 
2|J^"'jJ®*^^' gentlemen for surveying the said lands, " in the executioun whereof as 
Majesty, for they wcr impedit and stayed be Walter Scot of Tuschelaw, Archibald 
indemnity Armcstrangc in Flascolme and Barnegleis, Francis Armestrang, called of 
s^To^TMhie. •'^^^"^^^^ in Monbieherst, David Armestrange in Wodisleis, Johne 
law, and Armestrang of Hoilhous, Hectour Armestrang in Wodhead, Hectour 

others for . ^..-rrioi . ./-vi-i. -i \ -kt- . 

theraseiyes Armcstraug m Harla, Symone Aimestrang in Quhitliesyd, and Nmiane, 
tonantrin ^^^ ^onc, Cristie Armestrang in Bankhead, Eckeis Richie Irwing in 
fandl*^*^^^^ Staikhewch, Willie Irwing callit the Gang there, George Irwing callit 
Curst Georgie, Armestrange of Corcune, Johne Armestrange callit 

of Longholme in Tounischilburne, young Cristie Armestrange in Glunyaird, 
Johne Armestrange in Rowingburne, Blench Irwing, relict of umquhile 
Young Will of Kinmont in Mortountour, [Dorathie Armestrange, 
(deleted)], Johne Armestrange in Boholme, Christie Armestrange callit of 
Longholme in Bigholme and Turresfute, Archibald Armestrange, bruther 
to the umquhile Laird of Mengertoun in Brunschilboge and Menger- 



1607. CHARLES I. 293 

MisceiUuMous toun, Archibald Armestrange callit the merchand in Thorniequhatis, 
apen. Thomas Johnestoun, younger of Fingland in , Will Irwing, elder 

and yonger, in Kirkconnell, sua the same personis continewing in thair 
insolent caryage and behaviour hes resolved and avowed be way of deid, 
oppressioun and bangstrie to debar us fra the possessioun of the saidis 
landis and to mak his Majesteis patent and gift maid to us inefifectuall." 
They therefore crave letters chaipng them to find surety for the 
indemnity of the complainers and their tenants and servants. [On the 
back] " Apvd Edinburgh^ xotyvj die mensis Fehrimrij, 1607. Fiat ut 
petitur, Walter Scot of Tuschelaw and William Irwing of Kirkconnell, 
ather of thame under the pane of j™ merkis, and ilk ane of the remanent 
personis within complenit upoun under the pene of fyve hundreth 
merkis. (Signed) Pbtkk Eollok." 

114. Supplication by Walter Scot, servitor to Sir George Touris of 27th February 
Gametoun, knight, as follows: — Mr Patrick Schaw, minister at Selkirk, ^^^' . 
George Mitchelhill, bailie, and James Scot, bailie of the said burgh, by^jiterSoot, 
Patrick Kene, John Scot, George Haly wall, Robert Scot, John Liddirdaill,^^!^^^^^^'" 
William NicoU, Walter Dalgleiss, John Small, Mungo Currour, George o' Gametoun, 
Dun, James Wynt, William Fulret, James Mynto, Eobert Melbeis, charging Mr. 
Mungo Johnstoun, David Moffet, Andrew Bryden, James Turneble, JJnigter a t*''* 
Thomas Ker, John Wilkiesoun, Eobert Hawis, Thomas Scot, Malcolm ^l^^^K^ ■?^, 

* > > > others to find 

Tumble, .John Noitman, Walter Freir, Walter Gawinlock, Mungo surety for 
Flescher, James Stevinsoun, William Inglische, John Kene, George birtenante. 
Andirsoun, Mungo Cruikschanks, Andrew Tumble, Mungo Nicoll, John 
Feirgreif called of Coitha, Gavin Murray, William Broun, James Wauch, 
Walter Halywall, John Cuke, John Allane, Thomas Johnstoun, James 
Bullerwall, James Tumble, Andrew Anguse, Jajnes Thomesoun, Eobert 
Dun, David Dun, John Feirgreif, Eobert Heislop, Eobert Fyntoun, 
Eobert Coline, Mungo Cavers, Thomas Currour, Thomas Flescher, Eobert 
Dobie, Andrew Dobie, Thomas Tumble, Eobert Tumble John Ewart, 
Alexander Hall, Eichard Cavers, William Purves, Thomas Freir, George 
Young, James Turneble, Mungo Burne, James Burne, George Wode, Mr 
Patrick Schaw, Andrew Speir, Eobert Watsoun, John Currour, Thomas 
Jaksoun, Thomas Patersoun, Eobert Gledstanes, Alexander Young, 
James Young, Quentin Grenscheillis, George Young, William Mitchell, 
John Mitchell, Alexander Heislop, James Scot, Jok Harweyis James, 
John Inglis, John Flescher, John Lumisdane, John Lowaie, James 
Halywell, Eichard Brewhous, Adam Lammart, John Curror, and David 
Currour, all burgesses and inhabitants of the town of Selkirk, " haveing 
consavit ane deidlie haitrent and malice agains me, daylie and con- 
tinewalie boistis, minassis and injuris me, sua that I may nocht peceable 
hant nor repair in the cuntrey for doing of my lesum effairis for feir 
of thair persute and invasoun." He therefore craves letters charging 
them to find surety for the indemnity of himself and his tenants 
and servants. [On the back] *' Apud Edinburgh, ocxvij Ftbruarij, 



294 



REGISTER OF THE COUNCIL. 



1607. 



1607. Fiat ^U petitur, ilkane of the personis within complenit HiaceiUneom 
upoun under the pane of four hundreth marks. (Signed) Pjetkb^*^*^ 

ROLLOK." 



28th February 115, Supplication by Archibald Campbell, brother of David Camp- 
Suppiication ^^^ ^^ Dcnhcad, against James, Earl of Athoill, as narrated in vol. vii., 
cL^'bei?*^'* p. 334. On the back, " Apvd JEdinbiirgh, ultimo Februarij, 1607. 

against Jamea, FtcU Ut petttur, PeTBR ROLLOK." 
&rl of AthoU. 



. . . February 
1607, 

Supplicatiou 
by Ogilvio 
and James 
Gordon, bis 
servant, for 
siimmonH 
against Sir 
John Ogilvieof 
Innerqubaritie, 
and others. 



116. Supplication by Ogilvieof and James Gordoun, 

his servant, as follows : — John Murduch, likewise his servant, having 
conceived a deadly malice c^ainst the said James, and meeting with 
him, he fiercely attacked him with a drawn sword and further hurt 
and wounded Agnes Robertsone, mother of the said James, in divers 
parts of her body to the effusion of her blood and hazard of her life, 
she being an aged woman of sixty ; " and thay lippning for na thing les 
than ony f order injurie or violence to have bene offerrit unto thame, it 
is of treuth that upoun the day of Sir John Ogilvie of 

Innerquharritie, knycht, avowing himselfe to be pairty with the said 
Alexander Murdoch and a men tenner of liim in this mater aganis my 
said servand, resolveing so far as in him lay to execut his privat gruge 
aganis the said James, directit and houndit out David and Johne 
Ogilveis and Thomas Auchinleck, his domestick servitores, accompaneit 
with diverse uthairis thair complices, boddin in feir of weare with 
swordis, durkis, bowis, darloch, secretis, plaitsleuvis, steilbonatis and 
utheris vaponis invasive to the Nyne Madene Kirk, quhair the said James 
wes in quyatt and sober maner, and thair the said persons ferslie sett 
upoun him, tuik and apprehendit him and led him away bound with 
thame as a prisoner to the place of Innerquharritie, putt him in the 
theivis hoill as yff he had bene a theiff, quhairin he detenit him be the 
space of and thairefter locked him in a pair of stockis, quhair he 

also detenit hiui be the space ; quhairby as he hes usurpit his 

Majesteis princelie auctoritie and power in taking his Majesteis frie 
liege without power or commissioun, he having committit no cryme nor 
oiTens aganis the said Sir, and the said Sir haveing no auctoritie nor 
jurisdictioun over him, sua he hes committit a very great insolence 
upoun the said compliner." The supplicants crave summons against the 
parties complained upon. 

[On the back] *' Apud Edinburgh, die mensis Februarij, 1607. Fiat 
utpetitur. (Signed) Pktrr ROLLOK." 



2nd March 
1607. 

Sapplication 
by David 
Dandns of 
Priestinch 
against 
Margaret 



117. Supplication by David Dundas of Preistinche, against Margaret 
Auchincraw, widow of Richard Spens of Chirnesyde Maynis, and their 
five fatherless bairns, as narrated in vol. vii., p. 335. On the back, 
" Apud Fdinbnrgh, secundo die mensis Mardj, 1607. Fiai summonitio 
ut 2)etitur to the tuelf day of Marche instant and to suspend and 



1607-9. CHARLES I. 295 

Misceitaneoos dlschairge tU infra quhill the xx day of the samyn moneth. Al. Auchmcraw 

^^^^ CANCELL-;' ^ and others. 

118. Extract of act of Council dated at Halyruidhous, 24th Septem- 24tii Septem- 
ber, 1607, remitting the complaint of Eobert Eowatt and Matthew ^®^' ^^!\ ^ 

^-^ lAi^.i » ^t ^ Complaint of 

Turneble to the Duke of Lennox and Archbishop of Glasgow, as narrated Robert Rowatt 
in vol. vii., p. 441; signed by Jacobus Prymrois. TWnbuii?*"^ 

119. "Rycht assurit freind, I am informit that my lord of Abircorn, 1607. 
quho is appointit commissioner in our Sinode of Glasgo, hes ney ther J^^**^^J^o™ 
resavit the copie of the acte of Lynly thquow nor the chargis that suld bishop of 
be directit thairwith; at leist his Lordship on Monday last had resavit to j^fmes 
none of tham ; quhairfoir it man please yow to send the sam to me fi^^^'o^' 
with the berar with all diligence or let me know be quhom thai war Council, 
sent to him that I may inquyr in tyni thairfore, if thai be alredy furth him"to send an 
of Schir Johne Amots hands, to quhom you said al wes delyverit. ^g*^^*®^i^^ 
Tuysday nexte is the day of our sinode, and for this I expect X^^^ J|i°J*it^,n^ be 
answer the soner. Also, if yow wilbe plesit to send me the buke of forwanied to 
counsel that I had of yow befoir, you will do me grit pleasure, and [^rd^^''«>™- 
sal not fail to delyver it the first of September or soner as yow sail 

requyr it in your awin house. So committing yow to God his pro- 
tectioun I rest, your very assuirit at my power. (Signed) Glasgow. 
Glasgo, this Thurisday at nycht. [Noted below] " Act and letters send 
according to this letter, 15 being Satterday at .12 of the cloke in the 
foimoone. [Addressed on back] " To my assurit freind James Primrose, 
clerk of his Majesteis Secreit Counsall." 

120. The Lordis of Secrite Counsale gevis and gran tis libertie and 23rd July 160 
licence to Johnne Hammiltoun of Haggis to remaine and abyde at hame ^^p^^^^^^^^j^ 
fra his Majesteis oist and armye appointit to have convenit and met at Ws Majesty's 
Yla upoun the first day of July, thair to have attendit the directionis t^oh^" 

of his Heynes Lieutennent during the haill space and tyme of that ^2^3*°** ^^ 
service conforme to the proclamatioun direct thairanent, without pane, 
cryme, skaith or danger to be incurit be him thair throw in his persoun, 
landis or guidis, notwithstanding of quhatsumevir actis, statutes and 
proclamatioun maid in the contrair ; quhairanent and all panes 
contenit thairintill the saidis Lordis dispensses be thir presentis. Gevin 
under the signet at Edinburgh, this xxiij day of July, and of his 
Majesteis reigne the sext and fourty ane yeiris, 1608. Compositio 
ten pundis. (Signed) Al. Cancell*. Halyrudhous : J. Compt. J. 

^^0^^' 20th March 

1609. 
Caution by 

121. Original bond of caution by Sir Eobert Halket of I'ltfirren, ^r^R^bert 
knight, for Eobert Cunninghame in Urquhat, and others, as narrated in Robert 
vol. viii., p. 593 ; dated 20th March, 1609. PnTrq'lfh^^^^^ 



296 REGISTER OF THE COUNCIL 1609-10. 

6th Septomber 122. Original bond of caution by Alexander Ord of Fyndachtie, forMiaceitMaooa 
Alexander Ord Alexander Gordon in Farnachtie, as narrated in vol. viii., p. 708; *•*"• 
til^i^^^^e^ dated at Fyndachtye, 6th September, 1609. 

Gordon in 

istiiSeptem- 123. Original bond of caution by Sir Walter Stewartt of Arthourlie 
sfJmiter aiid Sir William Callendar of Ballencloich, knights, for James Crawfuixi 
l> wiUiam °^ Fermes, as narrated in vol. viii., p. 709 ; dated at Glasgow, 13th 
Callander and September, 1609. 

Jamos Craw- 
ford of Formes. 

beMSS'*"*' '^2*' Original bond of caution by Arthur, Lord Forbes, for George 
Arthur, Lord Synclair of Dunbaith, as narrated in vol. viii., p. 712; dated at Edin- 
George* " burgh, 10th November, 1609. 

Sinclair. 

29th December 

i^- 125. Original bond of caution by Charles Chalmer portioner of 

chaiiner and Wcster Fintray, for William Chalmer, portioner of Wester Disblair, as 
Chiimw. narrated in vol. viii., p. 716 ; dated at Aberdene, 29th December, 1609. 

loth January 126. "The Lordis of Secreit Counsaill prorogatis and continewis the 
Extension of ^^mc appointit to M' William Watsoun, minister, for his removing 
time for furthc of the burgh of Brintyland for the space of ten dayis nixt efter 
granted to the cxpyring of the said terme, and declairis that he sail incur no 
w^ihani gjjaithe nor danger thairthrow in his persoun, landis, goodis nor geir, 
nochtwithstanding the cautioun fundin be him for his removing furthe 
of the said burgh at the tyme mentionat in the said act of cautioun, 
wheranent the saids Lordis dispenses for the said space of ten dayis. 
Gevin at Edinburgh, the tent day of Januar 1610. (Signed) Jo. Prestoun, 
J. Murray, Alex"" Hay, S. W. Oliphant." 

2i8t March 127. Original bond of caution by John Lowis of Meneris for Philip 

John Lowis Scot of Dryhoip, and Philip and William Scot, his sons, as narrated in 
•ndPhUip Scot vol. viii., p. 724 ; dated at Dryhoip, 21st March, 1610. 

23rd April 128. Original bond of caution by John Creichtoun of Craufurdstoun 

johnCrichton ^ov Johir M^Call in Glenjane, as narrated in vol. viii., p. 727; dated at 
W'Caif'' Dunreggane, 23rd April, 1610. 

25th April 129. Original bond of caution by Thomas Aikman, burgess of Abir- 

Thomas brothok, for John AUane, skinner, and Thomas AUane, burgesses there, 

John AiiiS.^ ^ narrated in vol. viii, p. 727 ; dated 20th April, 1610. 

5th May 1610. 130. Original bond of caution by Thomas Aikman and Greoige 
Aikman and LiddcU, burgesses of Abirbrothok, for Thomas Persone and David Ouchter- 
^nd'^homM^" lony, bailies thereof, as narrated in vol. viii., p. 728 ; dated at Abirbro- 
D^'''"''^ thok, 5th May, 1610. 

Auchterlony. 

15th May 1610. 131. Original bond of caution by James Sterling, merchant burgess 



Mr. 

Wutson. 



1610. CHARLES I. 297 

MiMseiiMMona of Glasgow, for Hew Craufurd, younger of Clobarbill, and Janet Jamea sterling 
^'^"' Craufurd, his sister, widow of John Somervell, burgess ,of Renfrew, ascJawfurdnnd 

narrated in vol. viii., p. 728 ; dated at Glasgow, loth May, 1610. JaneCrawfurd. 

132. ''Our soverane Lord, remembring that his Majestie and the 28th Augunt 
Estaites of this kingdome quhilkis convenit in the Parliament haldin at],?^^' , 

_--., ,. , ^ ,•▼ ». 4/./xAt . 1. . - Signature for 

Edinburgh m the moneth of Junij, 1609, havmg wyselie f orsene and the Commis. 
considered that no thing gave so grite grouth and strenth to the manyfold J^p^iu^entof 
insolenceis quhilkis were so frequent and commoun in this kingdome ^^^ewo^^each 
the sleuth of magistratis in not suppressing the seidis of these dissentiones, shire, 
quhilkis being vaik and small in the beginning were then easilie to haif 
bene setled yf diligence and auctoritie had been used for repressing 
tbairof, hot, being neglected be these to whome it appertenit, these licht 
insolencyes did verry oft kendle suche flames of disordour and feid as 
hardlie thairefter culd be quenched, and that, for remeid thairof, his 
Majestie and his Estaites statute and ordanit that in everie schyre within 
this kingdome thair suld be yearlie appoynted be his Majestie sum godlie, 
wyse and verteous gentlemen of guid qualitie, moyan and report makand 
resydence within the same schyres to be commissioners for the keiping 
of his Majesties peace, as in the said statute and act of Parliament at 
.lenth is contenit: Thairfore his Majestie, with advyse of the Lordis of 
Secreit Counsell, ordanes ane commissioun to be maid under the greate 
seall in dew forme makand and constituaud, etc., etc., his Majesteis 
judges delegat and commissioneiis, conjunctlie and severallie, for keiping 
of his Majesteis peace within the boundis of the schirefdome of, etc., as alsua 
the proves t and bailyeis of all and sindrie the citeis and burghes within 
the said schirefdome and everie ane of thame within the boundis of 
thair awne jurisdictiones his Majesteis judges and commissioneris for 
the use and to the effect underwrytin. Lykeas his Majestie and the 
saidis Lordis hes nominat, ordanit and constitute and be the tennour 
heirof nominatis, ordanes and constitutes the said, etc., to be keiper of 
the rolls, who is to nominat a clerk to put in forme and register the 
haill actis, writtis and letters concerning the executioun of this 
commissioun, gevand, grantand and committaud unto thame, conjunctlie 
and severallie, within the boundis of the said schirefdome full power, 
auctoritie and commissioun, expres bidding and charge to oursee, try 
and prevene all such occasiones as may breid truble or violence amongis 
his Majesteis subjectis or forceable contempt of his Majesteis auctoritie 
or breck of his hienes peace within the boundis abonewrittin, and to 
command all persounes in quhom they sail sie manifest intentioun to 
mak trouble and disordour, ather be gaddering togidder of ydle and 
disordoured persones or by publict bearing and wearing of pistoUetis and 
uther forbiddin wapounes and sik uther suadgering and ryotous 
behaviour, to bind tham selfis to find cawtioun under competent panes 
to observe bis Majesteis peace and for thair compeirance before the 
Lordis of his Majesteis Privie Counsell or befoir the justice to underly 



298 REGISTER OF THE COUNCIL 1610. 

sik ordour as salbe fund convenient for punisching of thair transgressiounes MisceUimeon« 
or staying of trouble and enormiteis ; and, gif neid beis, to tak, apprehend ^^^^ 
and ' to commit to waird all wilfull and dissobedient persones, 
committeris and fostereris of the saidis crymes, and to requyre the 
dewtiefuU and obedient subjectis of the said schirefdome to concur with 
thame in preventing of all such attemptis and violences or for taking 
and wairding of the saidis wilfull and dissobedient authoi-is, committeris 
and fostereris of the saidis crymes; ordaining heirby the saidis 
commissioneris to give trew advertesement and informatioun to the 
Lordis of his Majesteis Privie Counsell, Justice G^uerall and his 
deputtes, his Majesteis Thesaurer and utheris his Majesteis officiaris and 
magistrates, quhora it effeiris, of the names of sic faythfuU and unsuspect 
witnesses and assysses to be summound in all crymes and disordouris 
quhilkis sail happin to fall furth in the said schirefdome as sail be 
knowne to be most meit and hable for tryell and probatioun of the same, 
and for eschewing of sik as are ather aiged, seiklie and unhable to travell 
or ar ignorant of the factes to be tryed be not injustlie vexed or 
unnecessarlie drawne frome thair awin housses and affaires for materis 
quherin thay ar not hable to give any licht ; and generallie all and sindrie 
uther thingis to do, exerce and use quhilkis for executioun of this 
commissioun ar requisite and necessar and according to the instructiounes 
to be send to thame for that effect ; firme and stable balding and for to 
hald all and quhatsumever thingis salbe lauchfuUie done heirin : and that 
the said commissioun be extendit in the best forme with all clauses 
neidf ull, with command in the same to all his Majesteis liegis and 
subjectis to reverence, acknowledge and obey, ryse, concur, fortifie and 
assist the saidis commissioneris, conjunctlie and severallie, in all thingis 
tending to the executioun of this commissioun, as they and ilkane of 
thame will answer to his Majestic and the saidis Lordis upoun thair 
obedience at thair heighest charge and perrel ; and that thir presentis be 
a sufficient warrant to the great seall without any forder preceptis to be 
direct therupone and to indure during his Majesteis will and pleasure 
and ay and quhill his Majestic speciallie discharge the same. Gevin at 
Edinburgh, the xxviij day of August, 1610. Sic subscribUur, J. 
Prymrois." [Endorsed] " Copie Commissioun for the Peace." 

28th August 133, Signature for the Commission to the Justices of the Peace con- 
Anr.ther copy Gaining the names for each sheriffdom, etc., as given in vol. ix., pp. 
with the 75-80, but in addition appointing one of each of the districts "to be 

names of the , •, ««. ,. . ,, .. j 

justices of keiper of the roUis, quho is to nommat ane clerk to put m forme and 
register the haill actis, wrytis and letters concerning the executioun of 
this commissioun," viz. : — Alexander Home of Rentoun for the sheriff- 
dom of Berwick and bailliary of Lauderdaill ; Andrew Riddell of that 
Ilk for the sheriffdom of Roxburgh ; Pringle of Torvodlie for the 

sheriffdom of Selkirk ; Murray of Blakbarrony for the sheriffdom 

of Peiblis ; Sinclair of Hirdmestoun for the constabulary of 



16ia. CHARLES I. 299 

MinoeiiftDeous HadingtouD ; Sir James Foullis of Collingtoun for the sheriffdom of 
*P®"- Edinburgh principal ; Dundaa of that Ilk for the sheriffdom of 

Lynly thgow ; Morray of Polmais for the sheriffdom of Stirling and 

Clackmannan; Buquhannane of that Ilk for the sheriffdom of 

Dumbartane ; Alexander Cuninghame of Craiganis for the sheriffdom of 
Renfrew ; Lockhart of Cleghorne for the sheriffdom of Lanerk ; 

Sir John Wallace of Carnell for the sheriffdom of Air and bailiaries of 
Eyll, Carik and Cunninghame ; Mr Gilbert Gordoun of Schirmes for 
the sheriffdom of Wigtoun and stewartry of Kirkcudbright ; Sir James 
Douglas of Drumlanrig for the sheriffdom of Drumfreis and stewartry 
of Annei*daill : Campbell of Auchinbrek for the sheriffdoms of 

Argyll and Tarbert: John Stewart of Askok for the sheriffdom of 
Bute ; James Weymis of Bogy for the sheriffdoms of Fyffe and Kynros- 
cheir ; George Aflek of Balmano for the sheriffdom of Perth and 
stewartries of Stratherne and Monteth ; Sir David Carnegy of Kinaird 
for the sheriffdom of Forfar; Alexander Burnett of Leyis for the 
sheriffdom of Kincairdin; Mr John Cheyne of Pitfeythie for the 
sheriffdom of Abirdeyne; Sir Walter Ogilvie of Findlatter for the 
sheriiBfdom of Bamff ; William Sutherland of Duffus for the sheriffdoms of 
Elgin, Forese and Nairne ; the Laird of Grant for the sheriffdoms of 
Invernes and Cromertie ; Hew Halcro of that Ilk for the sheriffdom of 
Orkney; and Arthur Sinclair of Ethay for the bounds of Yetland. 
The provosts and bailies of the burghs and towns within the respective 
sheriffdoms, etc., are also included in the commission, within their own 
jurisdictions. The commission proceeds as follows : — " Gevand, grantand 
and committand to them, conjunctlie and severallie, within the boundis 
particularlie and respective above specifeit full power, commissioun and 
authoritie, expres bidding, command and chairg to owersy, try, prevent 
all such occasiounes as may breid trubill and violence amangis his 
Majesteis subjects, forceabill contempt of his Majesteis authoritie and 
brek of his Majesteis peace within the boundis particullarlie abowryttin 
quherin they ar nominat comissionaris, and to command all persouns in 
quhom thai can sie manifest intentioun to mak trubill or disordour, 
ather by gaddering togidder of all ydill and disordourit persouns or by 
publick wyring and beiring of pestoletis or uther forbidden weapounis 
and such other swaggering and ryoteous behaviour to bind them selffis 
and find cautioun under competent panes to observe his Majesteis 
peace and for their compeirance befoir the Lordis of his Majesteis 
Privie Consell or befoir his Majesteis Justice to underly sic ordour as 
salbe fund convenient for punishing of ther transgressiounes or staying 
of trubill and enormities; and yff neid beis, to tak, apprehend and 
committ to waird all willfuU and dissobeydent authoris, committeris 
and fostereris, and to requyre the dewtifuU and obedient subjectis 
of the sohyre to concur with them in preventing all such contempt and 
violences or for taking and wairding of the saidis willfuU and disso- 
bedyent authoris, committeris and fosteruris of the saidis crymis ; 



300 REGISTER OF THE COUNCIL. 1610. 

ordaining heirby the saidis commissioneris to give trew adverteisment Uiweiianeooa 
and informatioun to the Lordis of his Majesteis Privie Consell, ****"" 
Justice Generall and his deputis, his Majesteis Thesaurer and utberis 
his magistratis and officeris, quhome it effeiris, of the names of such 
faythfuU and unsuspect witnesses and assyssis to be sumond in all 
crymes and dissobeydences quhilkis shall happin to fall furth in the 
said schyre as salbe knawin to be most meit and able for tryell and 
probatioun of the same, and for eschewing of suche as ar ather aiged, 
seiklie or unhabill to travell or ignorant of the factis to be tryit, be 
nocht unjustlie vexit or unnecessarlie drawin from thair awin houses 
and effaires for materis quherin thai are nocht abill to gif any licht ; 
and generally all and syndrie uther things to do, exerce and use 
quhilkis for executioun of this commissioun ar requisit and necessar, 
and according to the instructiones to be send to thame under the hand 
of his Majesteis Chanceller and Thesaurer ; firme and stabill haldand 
and for to hald all and quhatsumever thingis salbe laufuUie done hairin ; 
and that the said commissioun be extendit in the best forme with all 
clauses neidfuU, with command in the samyn to his Majesteis leiges and 
subjects to reverence, acknawledge and obey, ryse, concur, fortifie and 
assist the saids commissioneas, conjunctlie and severally, in all thinges 
tending to the executioun of this commissioun, as thai and ilk ane of 
thame will ansuer to his Majestie and the saidis Lordis upoun thair 
obedience at thair heichest charg and perrell ; and that thir presents be 
a sufficient warrand to the greit seiil without farder preceptis to be 
direct thairupouu, and to indure during his Majesteis will and pleasour, 
and ay and quhill his Majestie specially discharg the same. Gevin at 
Edinburgh, the xxviij of August, 1610. (Sic suiscribitur) Alex' 
Canll". ; Dunbar." 

1610*^ ^^^^ 134. Another list of justices of the peace for the several scheriflfdoms. 

List of juntices CtC. 
of peace. 

c.Aaguiiti6io. 135, "Jacobus Dei gratia Anglie, Scotie, Francie et Hibernie Rex 
]!d£e^dto fideique defensor, etc., predilectis et fidelibus consiliariis suis A. B., etc., 
justices of ac dilectis et fidelibus suis C. D., etc., salutem : Sciatis quod assignayi- 
mus vos, conjunctim et divisim, et quemlibet vestrum justitiarios 
nostros ad pacem nostram in comitatu nostro a[d] conservandam ac ad 
omnia ordinationes et statuta pro bono pacis nostre ac pro conservatione 
ejusdem et pro quieto regimine et gubernatione populi nostri editam 
omnibus et singulis suis articulis in dicto comitatu nostro, tam infra 
libertates quam extra, juxta vim, formam et effectum eorundem custo* 
diendum et custodiri faciendi et ad omnes contra formam, ordinationum 
vel statutorum illorum aut eorum alicujus in comitatu predicto delin- 
quentes castigandum et puniendum prout secundum formam, ordina- 
tionum et statutorum illorum fuerit faciendorum et ad omnes illos qui 
alicui vel aliquibus de populo nostro de corporibus suis vel de incendio 



j^ 



1610. CHARLES I. 301 

Misceiiaaeoiu domonim suarum, minas fecerint ad Bufficientem securitatem de pace 
'**"' vel bono gestu suo erga nos et populum nostrum inveniendum coram 

vobis seu aliquo vestrum venire faciendum, et si hujusmodi securitatem 
invenire recusaverint tunc eos in prisonis nostris (quousque hujusmodi 
securitatem invenerint) salvo custodiri faciendum. Assignavimus etiam 
vos et quoslibet duos vel plures vestrum quorum aliquem vestrum A. C. 
c. d. unum esse volumus, justiciaries nostros ad inquirendum per sacra- 
mentum proborum et legalium hominum de comitatu predicto per quos 
rei Veritas melius sciri . poterit de omnibus et omnimodis feloniis, 
veneficiis, incantationibus, sortilegiis, arte magica, transgressionibus, 
forstallariis, regratariis, ingrossariis, et extortionibus quibuscunque ac de 
omnibus et singulis aliis malefactis et offensis de quibus justiciarii pacis 
nostre legitime inquirere possunt aut debent per quoscunque et qualiter- 
cunque in comitatu predicto factis sive perpetratis vel que imposterum 
ibidem fieri vel attemptari contigerint, ac etiam de omnibus illis qui in 
comitatu predicto in conventiculis contra pacem nostram in perturba- 
tionem populi nostri seu vi aimata ierunt vel equitaverunt, seu impos- 
terum ire vel equitare presumpserint, ac etiam de omnibus hiis qui 
ibidem ad gentem nostram machinandam vel interficiendam in insidiis 
jacuerunt, vel imposterum jacere presumpserint, ac etiam de hos- 
tellariis et omnibus aliis et singulis personis qui in abusu ponderum vel 
mensurarura sive venditione victualium contra formam ordinationum vel 
statutorum vel eorum alicujus inde pro communi utilitate regni nostri 
Anglise et populi nostri ejusdem editorum deliquerunt vel attemptaver- 
unt seu imposterum delinquere vel attemplare presumpserint in 
comitatu predicto, ac etiam de quibuscunque vicecomitibus, ballivis, 
senescallis, constabulariis, custodibus gaolarum et aliis officiariis qui in 
executione officiorum suorum circa premissa seu eorum aliqua indebite 
se habuerunt vel imposterum indebite se habere presumpserint aut 
tepidi, remissi vel negligentes fuerunt. aut imposterum fore contigerit 
in comitatu predicto; et de omnibus et singulis suis articulis et circum- 
stanciis et aliis rebus quibuscunque per quoscunque et qualitercunque 
in comitatu predicto factis sive perpetratis vel que imposterum 
ibidem fieri vel attemptari contigerit qualitercunque premissorum 
vel eorum alicujus concernentibus plenius veritatem et ad indicta- 
menta quecunque sic coram vobis seu aliquibus vestrum capta 
siye capienda, aut quorum aliis nuper justiciariis pacis in comitatu 
predicto facta sive capta et nondum terminata inspiciendum : ac 
ad processus inde versus omnes et singulos sic indictatos yel quos coram 
vobis imposterum indictari contigerit quosque capiantur reddant se vel 
ut legentur faciendum et continuandum et ad omnia et singula felonias, 
veneficia, incantationes, sortilegia, artes, magicas, transgressiones, 
forstallarias, regratarias, ingrossarias, extortiones, conyenticula, indicta- 
menta, predicta ceteraque omnia et singula premissa secundum leges et 
statuta regni nostri Anglie prout in hujusmodi cusu fieri consuevit aut 
debuit audiendum et terminandum et ad eosdem delinquentes et quern- 



302 REGISTER OF THE COUNCIL 1610. 

libet eorum pro delictis suis per fines, redemptiones, amerciamenta, MisceUancoas 

forisfacturas ac alio modo prout secundum legem et consuetudinem ^'** 

regni no^ri Anglie aut formam ordinationum vel statutorum predict- 

orum fieri consuevit aut debuit castigandum et puniendum: Proviso 

semper quod, si casus difficultalis super deteruiinatione aliquorum 

premissorom coram vobis vel aliquibus duobus vel pluribus vestrum 

evenire contigerit, tunc ad indictium inde reddendo nisi in presentia 

unius justiciarii nostrorum de uno vel de altero banco aut unius. justici- 

arium nostrorum ad assisas in comitatu predicto capiendum assignatorum 

coram vobis vel aliquibus duobus vel pluribus vestrum minime proce- 

datur. Et ideo vobis et cuilibet vestrum mandamus quod circa custo- 

diam pacis, ordinatiounum, statutorum et omniumetsingulorum ceterorum 

premissorum diligenter intendatis et ad certos dies et loca que vos vel 

aliqui hujusmodi duo vel plures vestrum, ut premissum est, ad hoc 

provideritis super premissis faciatis inquisitiones, et premissa omnia et 

singula audiatis et continuetis ac ea faciatis et expleatis in forma 

predicta fieri inde quod ad justiciaries pertinet secundum legem et 

consuetudinem regni nostri Anglie, salvis nobis amerciamentis et aliis 

ad nos inde spectantibus. Mandamus enim cum tenore presentium 

vicecomiti nostro et quod ad certos dies et loca que vos vel aliqui 

hujusmodi duo vel plures vestrum ut predictum est scire feceritis 

venire faciat coram vobis vel hujusmodi duobus vel pluribus 

vestrum, ut dictum est, tot et tales probos et legales homines de 

balliya sua tam infra libertates quam extra, per quos rei Veritas in 

premissis melius sciri poterit vel inquiri. Assignavimus denique te 

prefatum A. B. custodem rotulorum pacis nostre in dicto comitatu 

nostro ac preterea tu ad dies et loca predicta brevia, precepta, processus et 

indictamenta predicta coram etc., et dictis sociis tuis venire faciatis ut ea 

inspiciantur et debito fine terminentur sicut predictum est. In cujus 

rei testimonium has literas nostras fieri fecimus patented, teste me ipso, 

apud Westmonasterium. 

Oath to b« "Ye sail suear that as justice of peice in the cuntrie of A. M., all 

jUSucM of artickles in the Kinges comissioun to yow directed, ye sail do equall 
P«ace. rycht to the pure and to the ritche after your counyng, wet and power 

and after the lawes and customes of this realme and statutes thairof 
maid, and ye sail nocht be of couusall with any persone in any quarrell 
hanging befoir yow, and that yow hald your sessiounes after the forme 
of statutes thairof maide, and the yssues, fines and amerciamentis which 
sail happin to be maid and all foirfatouris which sail fall befoir yow, ye 
sail treulie cans to be entred without any concealment or imbesealing 
and treulie send thame to the Kinges exchekquer. Ye sail not let for 
guifte or uther cans, hot weill and treulie ye sail do your office of justice 
of the peace in that behalflf, and that yow tak nothing for your office of 
justice of the peace to be done, bot of the King and fees accustumed 
and costes lymited by the statut, and ye sail nocht direct or cans be 



1610. CHARLES I. 303 

MiffceiUuieons direotit any verrant by yow to be maid to the pairteis, bot ye sail 
**^p«»-. direct thame to the bailleis of the said countie or other the Kinges 

officeris and ministeris or other indifferent persones to do executioun 
thairof. So help the God and by the contentis of this buik. 

" I A. B. do utterlie testifie and declare in my conscience that the 
Kinges hienes is the onlie suprem governour of this realme and of all 
uther his Hienes dominiounes and cuntreyis, alsweill in all spirituall or 
ecclesiasticall thinges or causses as temporall, and that no forrane prince, 
persone, prelat, stat or potentat hath or ought to have any jurisdictioun, 
power, superiorities preheminence or authoritie ecclesiasticall or spirituall 
within this realme ; and thairfoir I do utterlie renunce and forsake all 
forane jurisdictiounes, ppweris, superioriteis and authoriteis, and do 
promeis that from hencefurth I sail beir fayth and trew alledgance to 
the Kinges hienes, his hearis and laufuU successouris, and to my power 
sail assist' and defend all jurisdictiounes, priviledgis, preheminencis and 
authoriteis grantit or belanging to the Kinges hienes, his hearis and 
successouris, or united and annexit to the imperiall croun of this realme. 
So help me God ahd by the contentis of this book." 

136. " Instructiouns to the commissioneris appoyntit for keipingr. Angustieio. 
and preserving of his Majesteis peace. 

"You ar all of you to conveine togidder yeirlie four tymes a yeir, Pour meitings 
viz.:— The first Tyisday of Februare, the first Tyisday of May, the first "^^^'' 
Tyisday of August, and the first Tyisday of November, and your first 
meitting yeirlie to be at the heid burghe of the schyre, and the rest of 
your meittingis to be in suche uther pairt and place as you sail agrie 
upoun amang your selffis at your first meitting, and you ar to consult, Conwiiution 
advyse and deliberat upoun all the best meanis for preventing ofdirordenand 
ensewing disordouris and puneissing of offences past, and for that effect p^"®^, 
you ar to certifie by your lettre the Lordis of his Majesties Privie 
Counsell at everie tyme of your meittingis concerning the present Certifie the 
estait and conditioun oi these boundis withm whiche you [are] nommat wntt of the 
commissionaris of all suche ryottis or utheris trespass committit tending ^\n^^***® 
to the breache of the peace within these pairtis since the tyme of your intimation of 
last meitting; and you ar to send the same with a particulare infer- Sm"aan*with 
matioun of the names of the parteis dilinquent, the circumstances of »." necewar 

^ circumstances. 

the deid it self and of the best prooffis that can be useit in the tryell of 
the mater. 

** You are to mak inquyrie of all jesuittis, seminarie preistis and inqayne of 
excommunicat trafficquing papistis within your boundis and of ther thur reasettan 
ressettaris and supplearis and mentenaris and to give informatioun ^J^J^®^'"" 
thairof to his Majesties Counsell or privallie to his Majesties Chan- Counsaii. 
pellare, Tbe43aurar, the two Archbishoppis or ony one of the Counsell 
quhome you sail think meit ; and you sail command the persoun in Command to 
quhose hous you sail find or try ony of the saidis personis, jesuittis, ^JSIJ,^**^ *® 
seminarie preistis and excomunicat trafficquing papistis to be resset toPJJPJ^JjJJJ***®- 



304 EEGISTEE OF THE COUNCIL. 1610. 

mak the same personis furthcumand to the Counsall as they salbeMiMcHaneons 
callit for. ^^'^ 

am?^?*"" ^' " ^^^ *^' ^ certefie the liOrdis of Counsall at everie tyme of your 
troubiii and of Convening yf thair be ony likliehead or appearance of ony trouble 
thairof. bctuix parteis within the boundis of your commandement and thairwith 

you ar to send your best advyse how the same by your auctoritie may 
be stayit so that upoun your adverteisment they may tak the most 
expedient course for preserving of the peace. 
Rfi^^jngof « ^^ t)jg tyme of your meitingis you ar to consult amang your selffis 
upoun the best meanis for repressing of this gret grouth of strong and 
Execution of ydiU vagaboundis and beggaris so as they may be forceit ather to tak 
agaiuis strong themselffis to work or then compellit to leave the cuntrey, and everie 
©iche^irtico ^^® ^^ y^^» when you ar returnit to your awin houses and duellingis, ar 
in his owne ^ be cairfuU to sie these ordouris executit and speciallie to have stokkis 

boundu. '■ 

at your owin houses for the more reddie puneissing of suche ydill peopils. 
Repairing " You are lykwyse to be cairfuU concerning the upholding and 

"*^^' repairing of the briggis that ar npt utterlie ruyned, that some course 

Suppiie of the may be taikin by the cuntrey nixt adjacent to give some supplie for 
re|Miireorbig that matter, and quhen by your endeavouris you have procurit the 
bnggi»- . cuntrey willing to contribute you ar to certifie his Majesties Counsell 

thairof that they may approve the same by thair auctoritie. 
Helping the " And also you ar to provyde for helping of the kingis heiche wayis 
wa]^. *^ alsweill for the benefite of careagis as ease of passingeris, and speciallie 
To stop you ar to be cairfuU that no privat persoun encroatche upoun the same 

uTOun^the*^ Way by making the same straitter nor formerlie it hes bene, and as you 
wa^^*^' ^^^ ^^y trespas committit in this kynd and the parteis refuissing to 
Suretie of repair it, you ar then to put him under suirtie for his appeirance befoir 
incroachers to our Counsell, and you ar to certifie the Lordis of our Counsell. 

compeu* before * i • i • . i • 

the Connsaii. " At the tyme of your meittmg you ar to consult eftir what forme 

howito^**'**^'d ^^® cuntray may be best provydit of goode innes and luidgeings for the 

gude innes. easc of the passiugeris of all sortis and, as ye resolve upoun ane guid 

overtour for that eflFect, you ar to aquent the Counsall thairwith and 

procure of theme thair approbatioun, assistance and auctoritie to the 

samen. 

Tryeli of " You are to mak speciall inquirie at your meittings of all suche as 

woodef *^™^"® do cut grene wode, distroy planting, use unlawful! and prohibited gayme 

planting"^ with lying doigis, slayaris of blak fische and uther fische in forbiddin 



r, 



eiug doggis, tyme, or ony offendouris in crymes of the lyk qualitie, and to put theme 



tisch slavars »'• v w ^ ' ^ 

in forbidden under suirtic for their appeirance ather befoir the Counsell or Justice quhen- 
*^™®* soever they salbe chargeit. 

Bearers of " You ar to informe the Lordis of Counsall of all suche as salbe 

pistoiettv*. delaittit unto you to beir hacquibuttis and pistolettis, and gif ony of 

your selfBs sail deprehend ony man ofifending in this kynd, you sail 
p^n^boiullra^^o^^^tt him presouarc in the nixt gaole unto suche tyme as he doeth 
ofhagbuttis. find guirtie for his compeirance to ansuer that mater ather before 

the Counsell or Justice. 



1610-1611. CHARLES I 305 

Mxsceiianeouj. '' As ony of jou Sail tak ony surtiefor the appeirance of theoffendourBukeofthe 
^pen. y^^ g^jj jQgj.^gg |.jjg sajn^ in ane privat book whiche you sail bring with ^"^"narie. 

you the tyme of your nixt inciting with the rest of the justices, and 
then all suche bandis of cautionarie tane by ony of you that ar justices 
ar to be insert in a register by one quho salbe appoyntit to be jo^r ^^"^j^^^*^^^*^^* 
clerk for attending those meittingis, who is to send a schort abstract of caution to be 
the same everie half yeir to his Majesties Thesaurer or to his depute, counnaii. ^ 

" You ar to inquyre of all foirstalleris and regraitaris of mercattis, Forestaiians 
and to give informatione of theme to his Majesties Thesaurer or his *"** "^raitaw. 
depute. 

'' You ar to inquire of all unnecessar ailhousses in the cuntrey whilkis Unnecessar 
ar the resset of ydill vagaboundis and beggaris and gives occasione to*'"^°^*®"* 
the frequent beggaris and pykaris and stouthis in the countrey." 

137. "James R — Trustie and weilbeloved counsallour, we greit yowc. August 
hairtlie weill: Becaus we ar informed that sum burrowes, barrones and„ \, ,, ^ 

Iioyal letter to 

uthers of that oure kingdome makis actis in thair courtis dischairgeingsir Wiiiiam 
thair tennentis to acknowledge the justices of peace, taking upon thame Advocate, 
power to cheise and appoynt constables, and usuiping upon thameselfisjjj^^'jj^*^®^^ 
uulawfuUie dyvers thinges to the derogation of oure authoritie and of burghs, 
hinderance of oure service committed to the saids justices of oure peace, othen with 
and thairfore it is oure expres will and command that whansoever you ^J© in^thV' 
sail ressave information from any of oure justices of peace of suche <Jwc1j»'?« of 

, ^ . . ,.• . 1 . their office. 

abuses that mcontment thairefter you cause raise summonds aganis 
these usurpars of oure authoritie and hinderars of oure service, aither 
before the Justice or the Lords of oure Secret Counsall, and that you 
insist eamistlie in persute thairof for reformation of the aforesaids 
abuses and puneisment of the authours thairof and suche as 
meanteane the same, and that yow give your faithful! counsall and gude 
assistance to oure saids justices of peace in evrie thing concerning the 
advancement of oure service committed to thame as you will do us 
most acceptable service. So we bid you hairtlie faireweill." 
[Addressed] " To oure trustie and weilbeloved counsallour. Sir Williame 
Olifant of Newtoun, knight, oure advocat in oure kingdome of Scotland." 

138. " Warrand to the estaites for ratification of the commission of Justice* of 
the peace, instructions, articles, etc. ^***'®' 

"Commission for consideration of the penall statutes. Penal sututes. 

"Warrand for payment of the chairges of the commissionars for Justices of 
the justices of peace. ^®**^®' 

" Letter to the Advocat to assist the justices of peace. The same. 

" Warrand for drawing up James Douglas his pension." jamea 

" Bischop of Caithnes." ^^^^'"• 

139. Supplication by Sir Thomas Otterbume of Eeidhall, against 22nd February 
John Houstoun, elder of Leny, and John Houstoun, his son and heir^^^^* 

VOL. VIII. V 



306 



REGISTEE OF THE COUNCIL 



1611. 



Sir Thomas 
Otterburn of 
Rodhall 
against James 
Uoustoua of 
Leay. 
2l8t March 
1611. 
Herculefl 
Cramond 
against David 
Beatoun. 

27tb March 
1611. 

Supplication 
by Patrick 
Dnimmond, 
son of James 
Drummond of 
Leitchhill, for 
a summons 
against Harry 
Drummond, 
his brother, 
whom he 
accuses of 
assault. 



apparent, as narrated in vol. ix., p. 142. On the back, '' Apud Edin- MiaoeUaneons 
hurgh, xvij Fdmuirij, 1611. Fiat ut petitur. S. R. CoKBURNK." Papers. 

140. Supplication by Hercules Crawmond against David Beatoun of 
Carsgownie as narrated in vol. ix., pp. 157-158. On the back, *' Apud 
Edinburgh, xxi Martij, 1611. Fiat vt petitur. S. R CoKBURNK." 

141. Supplication by Patrick Drumond, lawful son of James Drum- 
mond of Leitchhil, sheriff-clerk of Perth, as follows : — Harry Drumond, 
his brother, " haveing shakin of that brotherlie love whiche he aucht to 
haif caryed to me, and being unmyndfull of the monyfauld benefeittis 
quhilkis from tyme to tyme he ressavit from me, he hes oft and diverse 
tymes soght the occasion n how to execut his privat grudge aganis me, 
as namelie upoun the day of Merche instant the said Harie 
Drumond, understanding that I wes myne allane within the wreatting 
chalmer of my said father thair doing my lauchfuU affairis in sober and 
quiet maner, resolveing at that tyme to attempt some violent inter- 
pryse aganis me, enterit violentlie within the said chalmer, dosit the 
duris thairof behind him, came unto me quhair I wes wreatting at the 
lettering in peaceable maner, and, or I wes werof him, pat violent hand 
in me, puUit me from the said lettren, rasht me under his feitt and 
shamfullie, cruellie and unhonnestlie straik and dang me upoun the face 
and diverse utheris pairtis of my body to the effusioun of my blod in 
grite quantitie at my mouth and neis and left me lyand for dead, and 
haid nocht failit to haif slane me of sett purpois, provision and foir- 
thocht fellony." He therefore craves a summons against '* the saidis 
personis." [On the back] '' Apud Edinburgh, xxvij Martij, 1611. 
Fiat ut petitur. (Signed) S. R. Cokburnk." 



27th March 
1611. 

Supplication 
by John 
McDonald of 
Moydart 
against the 
Captain of the 
Clanranald, 
whom he 
accuses of 
illegally 
warding him 
and seizing 
his lauds. 



142. Supplication by John M^Ronnald of Mudart, as follows: — 
Donald M^Allane M°Eane of Yllantyrim, Captain of the Clanronnald, 
" haveing upoun sinister informatioun purchest ane commissioun of your 
Lordships for the taking and apprehending of suche personis of his kin 
as ar suspect guyltie of capitall crymes, hes be vertew of this com- 
missioun tane and apprehendit me in the moneth of last, 
keepisand detenes me in most strait and miserable prisone, bund and fetterit 
in yrnis, caryis me fra hoill to hoill and daylie threatnis me with most 
cruell death unles I renunce and discharge to him my just richt and 
title of successioun to all these lands presentlie possesst be him, quhairof 
I am the undoutit heretour, althocht be force and violence I be detenit 
and withhaldiu from the same, and he will nocht faill to cans 
murdour me incaise I yeild nocht to him in that his unjust and un- 
reasounable demand althocht it be of veritie that I am ane answerable 
and law-byding subject who to this hour hes contenit my selff within 
the boundis of my allegeance and obedience to his Majestic and his 
lawes, foirbering all such actionis as ather micht seame offensive to the 



1611. CHARLES I. 307 

MLgoeiiaaeous peace and quietnes of the countrey or prejudicial! to ony of his Majesteis 
apers. ^^^ subjccts. And fardcr, I am nocht sic a persone as may be com- 

prehendit under the generallitie of his commissioun in so fer es, althocht 
I be ane of his clan and kin, yitt I haif nevir bene a follower of him 
nor a partaker with him in ony his actionis, bot he hes bene a prose- 
quter of me continewallie sen I come to the yeiris of majoritie with all 
kynd of extremitie, and am one aganis whome he hes evir professit his 
deadlie haitrent and malice, and be all his endevoiris hes huntit for 
my lyff, and so he, being of suche a malicious humour and dispositioun 
aganis me, no suche commissioun can stand in his persone aganis me 
and he aucht nocht to be suffemt to cover and cloke the revenge of his 
awne particulars with the pretext of his Majesteis auctoritie ; and thair- 
foir the said commissioune, in so far as the same may be extendit aganis 
me, aucht to be suspendit and dischairgit and he aucht and sould be 
decernit to put me to libertie quhilk he on na wyse will do without 
compulsion." He therefore craves letters for charging '*the said 
Donnald M^Allane personalie yf he can be apprehendit, and failyeing 
thairof at his duelling place of the Castle of Tyreine, quhair his wyff, 
baimis, servandis and familie hes thair residence, and be oppin pro- 
clamatioun at the mercat croce of the burgh of Innernes, quhilk is the 
head burgh of the schyre quhair he duellis, becaus at all suche tymes 
as ony messinger repairis to his boundis for executing ony chairges 
aganis him he upoun informatioun thairof he then convoyis and trans- 
portis him sel£f to ane litle yle in the sey xxx myles af land quhair no 
man can haif access to his personall presence, to compeir, bring and 
present and exhibit me with the commission foirsaid befoir your Lord- 
ships at ane certane day to heir and see the commissioun foirsaid in so 
far as it may be extendit aganis me to be suspendit and dischairgit ^'771- 
plicUer, and him decernit to put me to libertie and fredome, and suffer 
me pas quher I pleis as his Majesteis frie liege , or ellis to show a cans, 
and in the meantyme to discharge." [On the back] " Ajytid Edinburgh, 
xxvij Martij, 1611. Fiat iU petitur, to the xxiij day of Maij nixtocome 
and to discharge %U infra to the last day of the same monetbe for the 
causses within wreattin. (Signed) Jo. Prkstoun." 

143. Supplication by Andrew Dickie in Aden of Deir, as follows : — 30th March 
On 22nd January last Alexander Naper, merchant in Deir, " bodin in^^^^\ 
feir of wearre with sword, gantelett, plaitslevis and utheris vapponis by^ndrew'^ 
invasive, upoun a malice and haitrent consavit be him aganis me, come Ji p^Jr^OT*^*"^ 
be way of hamsuckin to my dwelling house in Aden under clud and»«™™onj» 
silence of nicht about nyne houris at ewin, quhair I wes for the tyme ande?Napier, 
takand the nichtis rest in my naked bed, and thair efter a most insolent ^^jw'hom he 
maner forceablie brak up the dure of my said hous, violentlie enteritJ^JJ^®' 
thairintill, come to the bed quhair I lay, pullit me naked out of the 
same, I being an agit man past Ix ane yeirs, and shamefullie, cruellie 
and unhonnestlie with ane rung and with his feitt and handis strak and 



308 REGISTER OF THE COUNCIL. 1611. 

dang me upoun diverse pairtis of my body and left me for dead lyand Misoeiianeom 
on my awne floore, quhairof I contractit suche a havie disease as I haif ^p®"- 
evir since lyine bedfast and am nocht lyklie to convalesce." He there- 
fore craves summons against him. [On the back] " Apud Edinburgh, 
penulHmo Martij, 1611. FiM vi petitur, (Signed) S. R. COKBURNK." 

1st April 144 Supplication by Thomas Patersoun, merchant burgess of Edin- 

Tbomas burgh, against Sir James Steweart of Balliachin, knight, as narrated in 

^afnstsir ^^^ ix., p. 158. [On the back] ''Apud Edinburgh, primo Aprilis, 1611. 

James Stewart Fiat id petitur, S. R. COKBURNE." 
of Balliachan. 

2n(i April 145. Supplication by Andrew Gray of Lowr, constable of Forfar, as 

Suppiicatiou ^^^^^^ws : — On 26th March last he, having fenced a court in the tolbooth 

by Andrew of Forfar and called John Mylne in Forfar to appear " for the hurting 

constable of ^' and bludiug of Johne Strang, indwellair in the said burgh, and the said 

rammonr Johnc Milne compeirand personalie and be reasoun of his misbehaviour 

apjns* Jo^n in uttering of hard and undecent speitcheis aganis me, being commandit 

said burg^h for to silcnco and nocht to perturb the same court, and ordour being taking 

^urt™nd°^ for the triell of the said mater, the said Johne Mylne not onlie persistit 

ward *"^ and continewit in his misbehaviour foirsaid, I being sittand in judgement, 

not onlie refusit to do the same, bot being arreistit be the officiar of the 

said court to remane in ward within the said tolbuith quhill he had payit 

the unlaw he wes convictit unto, he contemptuously brak the said waird 

in heich and contemptioun of his Majesties auctoritie." He craves a 

summons against him. [On the back] ''Apud Edinburgh, secundo Aprilis, 

1611. Mat ut petitur. (Signed) S. R. Cokburne." 

2nd April 146. Supplication by Thomas Ewing, portioner of Southfeild, as 

1611. follows: — On 23rd March last, James Grahame of Drumlene, Patrick 

bjrftiomaa Norie in Wcster Bogwhopill, William Spittell in Bordland, John 
MrSonerof Kcndow in Ballcbeg, Donald Kendow in Tor of Rusky, Gilfillen Blair at 
Smitbfieid, for the mill of Rusky, Patrick Baxter there and John Symie there, James 

summons • tf • 

against James Baxter in Lenysoun, John Stirling in Shireftoun, John Norwall in 
DumWan^ and Snyok, Patrick Grahame there, Finlay and John M*^Gownis in Denhead, 
^i^?" '^f .f Donald M^Kinla in Balliknok, and Patrick M^'Ulben in Dalduran, were 

contempt of ' ' 

horning. put to the hom for failing to pay and deliver to him some victual, 
according to their dues, viz.:— -James Grahame 8 bolls teind meill for 
the lands of Daldowran, crop 1610, the said Patrick Norie in Wester 
Boquhopill 4 bolls meill for the quarter lands of Boquhop the said year, 
William Spittell and the others respectively for their own parts as 
specified in the execution of the letters of horning; but they still 
remain unrelaxed. He craves summons against them. [On the back] 
" Apud Edinburgh, securulo Aprilis, 1611. Fiat ut petitur, (Signed) 
S. R. COKBURNE." 

3rd-A.prii 147, Supplication by Cockbume, servitor to Thomas Lintoun 



1611. CHARLES I. 309 

MucoHaiieoas in Blakhous, as follows: — On Ist April instant, he being on the said Supplication 
apers. lands of Blakhous, " thair doing my said maisteris affairis in sober and cockburn," 

quiet maner, lippning for no violence, injurie nor oppressioun to baif *?^^jj^^ 
bene done to me be ony persone, it is of treuth that Walter Scot in Lintou 
Montbenger, upoun a deadlie malice consayit be him aganis me, come for summons 
rydand on horsbak to the saidis landis of Blakhous, quhair I wes for^j.'HjJ^*^^' 
the tyme in quiet maner, as said is, and thair brak at me, chassit me a Mount Bengor 
long space and, upoun extreme hasaird of my lyfi, compellit me to tak 
the water of Yara, quhairin I wes almost drownit, I being on fate, and 
in end, haveing overtane me, pat violent halid in me and with a grite 
batoun shamfuUie, cruellie and unmercifully invadit and persewit me of 
my lyff and so havielie straik and dang me upoun my heid, armes and 
utheris pairtis of my body as I am not able yit to lift my armes to my 
head, and left me lyand upoun the ground for dead." He craves a 
summons against " the saidis personis." [On the back] " Apiid Edin- 
burgh, tertio Aprilis, 1611. Fiat tU petitur. (Signed) S. E. COK- 

BUBNK." 

148. Supplication by Simon Scot of Bonytoun against John Gar- 4th April I6ii. 
ruthers, elder of Holmends, and William Carruthers of Knox, his son. Supplication 

by Simon Scot 

as nari-ated in vol. ix., p. 158. On the back, *' Ajmd JEdinhtrghyot BonyUmn 

quarto Aprilis, 1611. Fiat ut petitur, S. R CoKBURNE." ^ISthere^of 

Holmends. 

149. Supplication by the provost and bailies of £dinbui*gh, as fol- 4th April leii. 
lows: — ^They appointed a certain number of persons to keep nightly Supplication 
watch upon the streets of the burgh for staying the insolent behaviour tratee of 
and carriage of great numbers of swaggering, idle and " deboshed gu,^^ 
bodyis who, debording in all kynd of ryott, excesse and drukkynnes,^^^^^^ 
maid very frequent commotioun, troublis and perturbationis in this cromby of 
burgh and sometymes invadit the nychtbouris and inhabitantis of the others for riot 
same, brak housses and committit sundrie robbries and spoillis to thej,"^®^'^^ 
hurte of nombris of poore people; and now laitlie upoun the secund of burgh, 
instant about midnycht some of the personis of our gaird, being walk- 
ing upoun the streitis of this burgh and going athort the toun accord- 
ing to thair wounted maner, thay forgadderit with JRichard Abircrumby 

of Poltoun, David Forrester, secund sone to the Laird of Corstorphin, 
Alexander Drumond, second sone to umquhill Sir Johnne Drummond of 
Hathronedaill, Andro Abircrumby, sone to Abircrumby in Dun- 

fermeling, and Bobert Nicolsouu, writter, quho had past the maist pairt 
of that day and nycht in beistlie drukkynnes, and having in very peace- 
able termes found fault with thame for contravening of his Majesteis 
proclamatioun, quherby the resoirt of people upoun the streits of this 
burgh after the ringing of the ten hour bell wes prohibite, and desiring 
thame to go to thair ludgeing, without oiferring ony injurie or mater 
of offens to thame in worde or deid, the said personis most cruellie with 
drawin swerdis invudit and persewit our gaird of thair lyveis, hurte 



310 REGISTER OF THE COUNCIL 1611. 

and wouiidit diverse of thame, as namelie , quhom thay MisceiiuiMai 

left for deid." They crave summons against these persons, with ^*p*^ 
execution against them personally if they can be apprehended, and 
failing thereof " at thair duelling placeis yf thai ony haif " and by 
proclamation at the market cross of Edinbui^h. [On the back] 
" Apud JEdinburgh, qiuirto Aprilis, 1611. FicU tU petitur. (Signed) S. 
R COKBURNB." 

4th April 1611. 150. Supplication by Sir John Arnott, Treasurer Depute and general 
b'^^^r John" receiver of H.M. casualties and property, as follows : — Notwithstanding 
Arnot, of Several acts of Parliament and Privy Council ordaining merchants 

Depute of his and traders of this kingdom to bring home a certain quantity of bullion 
clsu3t?M, answerable to the goods transported by them out of his kingdom, " to 
that the the efTcct the cunyeehous mycht be furnist and money entertenyit 

traders and . i .. . ii « • i t i / 

merchants iu amangis the liegeis, yet a great number of these merchants and traders 

charged to pay 1^ Dundee " ar restand awand the haill bulyeoun whilk sould haif bene 

T^hidrtheT ^rocht homc to thame for the goodis transportit be thame and shippit 

ought to have at the poirt of Dundee sen the first day of November, 1607, to the last 

the TOuntry in day of October, 1610, and they on nawise will mak payment thairof 

goo^ex- without thay be compellit." He therefore craves letters for charging 

ported. them to pay to him and to Andrew Flesheour, burgess of Dundee, as 

his factour, the whole bullion due to be paid by them, within ten days 

after the charge. [On the back] *' Apvd Edinburgh^ quarto AprUiSy 

1611. Fiat tU petitur. (Signed) S. R. Cokburnb." 

6th April 1611. 151 Supplication by John Whytefeild, Englishman, merchant in 
by'Tdhn^''" ^^^*^ Yarmouth, as follows : — On 29th March last, Thomas Richartsoun, 
E^TiahmM ^^^iner, burgess of Anstruther, was put to the horn for not paying to 
for snmmons him £60 Sterling with £5 of expenses, and he still remains thereat, 
mmaa He therefore craves a summons against him. [On the back] " Apid 

^riSw*^°' i?ai7i6wr^A, quinto AprUis, 1611. Fiat ut petitur. (Signed) S. R 

burgess of COKBURNE." 
Anstruther. 

6th April 1611. 152. Supplication by Thomas Mavitie, servitor to David Johnstoun 

W^M° in Kindleheid, as follows:— On March last, John CarmichacH. son 

^^to^'to ^^ William Carmichaell, sometime of the Maynis, and Richard Jerdane, 

David John- SOU of the deceased Thomas Jerdane of Bimok, " upoun a particular 

Kindleheid, haitrcnt and malice consavit be thame aganis me, persaveing me upoun 

8°*^ fust John ^^® landis of ryding single and allone neir the watir scheit of 

Carmiohaei Clyde, they thair feirslie set upon me and cruellie and unmercifuUie 

wsauit.*" ^^ invadit and persewit me of my lyfif with suei-dis and quhinzeairis and 

thairwith hurte and woundit me in divei'se pairtis of my body and left 

me for deid." He therefore craves summons against them, [On the 

back] '' Apud Edivburghy sexto AprUis^ 1611. Fiat ut petitur, (Signed) 

S. R. C0iC3URNE.'*; 



1611. CHARLES I. 311 

MuceiUneons 153. Supplication by JRobert Futhie of Feddismylne against William 8th Apni leii. 

^"" Davidson in Crombie, and others, as narrated in vol. ix., p. 158. On the ^^^^.F"*^^ 

back, " Apiui Edinburgh, octavo Aprilis, 1611. Fiat ut petitur. S. R. against 

COKBUBNB." ^iZnin 

Crombie. 

154. Supplication by Alexander Lowis, merchant burgess of Edinburgh, loth April 
against Sir Harry Lindesay of Carrestoun and Sir John Lindesay, his son ^^^^• 

and apparent heir, as narrated in vol. ix, p. 158. On the back, "Apud ho^^^inat 
Edinburgh, decimo Aprilis, 1611. Fiat ut petitur. S. R Cokburnb." fln^y'^Jf 

Carristoun. 

155. Supplication by Hew Douglas of Bellibotht, as follows: — Sir nth April 
Robert Dowglas of Cashogill, William Dowglas, fiar thereof, Robert g^ lication 
Dowglas, son of the said Sir Robert, Peter Reid in Durrisdeir, William by Hew 
Menzeis there, Andrew Sampsone there, Thomas Fingland there, Andrew Bei^>oUit for 
Clerk there, Simon Purdy there, Peter Broun in Skarheid there, Peter J^j™°"«^^^^ 
Broun, called the Laird, there, John Williamsone there, William Roxburgh Dongias of 
there, Michael Baillie there, John Hunter there, John Menzeis there, othewfor*** 
Archibald Dalyell there, William Kirkpatrik there, Robert Wilsone ^*^^"''~'^'*- 
there, John Broun in Inglistoun, and John Rowan in Enterkinfoote, 
"haveing consavit a deadlie malice and haitrent i^anis me, daylie 

braggis, boistis, shoiris and avowis to half my ly£f, hes committit mony 
pointis of injurie of oppressioun upoun me." He craves that they may 
be charged to find caution for his indemnity. [On the back] " Ajmd 
Edinburgh, ag Aprilis, IQll. Fiat ut petitur, the Lairdis of Cashogill, 
elder, and Cashogill, younger, ather of thame under the pane of ij<° lib., 
Robert Dowglas, sone to the said Laird of Cashogill, elder, j°^ merkis, 
and ilk ane of the remanent persons under the pane of v^ merkis. 
(Signed) S. R Cokburnb." 

156. Supplication by Alexander Martene in Skedowye as follows : — i2th April 
George Allerdes of Skedowye, Robert and Henry Skedowyis, his sons, g^ ucatton 
'' haveing consavit a deadlie malice and haitrent aganis me," trouble and bv Alexander 
molest him and his tenants and servants. He therefore craves letters skedowye 
charging them to find caution for his indemnity. [On the back] " -^P^^^^^^^^d 
Edinburgh, xij Aprilis, 1611. Fiat tU petitur, the Laird of Skeddo wye others for 
under the pane of j™ lib., and ather of his tua sones under the pane of * ^^'^^' 
v« lib. (Signed) S. R. Cokburnb." leii.^^"^ 

Andrew 

157. Supplication by Andrew Barclay in Renshaw against David Bnrciay in 
Chrystesoun in Glenburne and John Davidsoun in Holme of AuchnewisoJinst David 
of Glenesk, as narrated in vol. ix., p. 184. On the back, " Apud Edin-^^J-^^ 
burgh, xiij Aprilis, 1611. Fiat tU petitur, S. R Cokburnb." Davidson. 

13th April 

158. Supplication by Mr John Russell, advocate, elder, and Mr J^hn^^ j^^^^ 
Russell, younger, his son, against William Carmichaell, bailie of Dysart, Ruaseii, 
as narrated in vol. ix., p. 164. On the back, "Apud Edinburgh, xiijlJxMt ' 
Aprilia, 1611. Fiat ut petUur. S. R Cokburnb." ^Sd, Uiiie 

of Dysart. 



312 REGISTER OF THE COUNCIL. 1611. 

13th April. 159. Supplication by Thomas Bray, cordiner bui^ess of Perth, as Miscoiianeoos 

_. ' _ follows : — On 30th March last James Stewart in Reidcastell was put to ^^'^ 

Thomas Bray, * 

cordwainer, the hom for not paying to him £60 of principal and £8 of expenses. 
Porth^i^ainst He cravcs summons against him. [On the back] " Aptul Edinburgh, 
^i^^^i^^^^ij ApHlis, 1611. Fiat ut petitur, 

15th April 160. Supplication by John Clyd in Watstoun and Arthur Eobesoun 

Sappiicatiou ^° Huntershill as follows : — On September last Thomas Smelie 

by John Clyde in Brcadiescheilbume, James Smelie there, accompanied 

and Arthur with Other accomplices, "all bodin in fear of weir, with swordis, 

Hkmtorijm for gauntelettis, plaitslevis and utheris vapponis invasive, upoun a malice 

summons consavit be thame aganis us, persaving us in the Longbyris thair doing 

Thomas our laufull afTaiHs in sober and quiet maner, most ferslie sett upoun us 

Breadiescheii- ^^^ ^ith drawiu swordis shamfulHc, cruellie and unmercifuUie invadit 

othera for *^^ pcrscwit US of our lyffis, gaf me, the said Arthour Eobesoun, a 

assault. deadlie wound in the head, hurt and woundit me, the said John Clyd, 

in the right elbo to the effusion, etc.; and upoun the 7 of Aprill instant, 

also being Sonday, the said James Smelie umbesett my way betuixt 

Culnes and Watstoun and, persaving me comeing by him, ferslie sett 

upoun me, strak at me a lang tyme.'' They crave summons against 

these persons. [On the back] '' Aptid Edinburgh^ xv AprUis^ 1611. 

Fiat ut petitur, (Signed) S. E. COKBURNE." 

16th April 161. Supplication by Thomas Urquhart, sheriflF of Cromarty, as 

Sup lication ^^1^0^^ • — ^^ 28 th March last John Wilsone, some time in Innerichnie, 

by Thomas was put to the hom at his instance for not removing from the east half 

shonflf^oV town of Walkerhill, and not paying the violent profits thereof, conform 

Sttel^cSw' to a decreet dated 3d November last by the sherifiFof Aberdeen and his 

JngtJ»o»i>enff» deputes, and also 40s. of expenses; and he still remains at the horn. 

and to appro- He cravcs letters charging the sheriffs of Edinburgh, Fife, Perth, Forfar, 

wri8on°8ome. Kincardine, Aberdeen, Banff, Inverness and Nairn, and their deputes, 

inverichnie ^^® provosts and bailics of the whole burghs within these scheriffdoms, 

and also within the sheriffdom of Cromarty, messengers of arms, etc., 

and all others his Majesty's judges and officers, to seek and apprehend 

the said John Wilson within three days, under pain of rebellion. [On 

the back] " Ap7cd Edinhurghy xvj Aprilis, 1611. Fiat ut petitur, 

17th April (Signed) S. R Cokburne." 
1611. ^ ® ^ 

David Donald- 
son, shopman 162. Supplication